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TITLE ONE I. CRIMES AGAINST NATIONAL SECURITY Article 114 • ELEMENTS OF TREASON: a. That the offender owes allegiance to the Government of the Philippines b. That there is a war in which the Philippines is involved c. That the offender either – d. Levies war against the government, 1. breech of allegiance 2. actual assembling of men 3. for the purpose of executing a reasonable design e. Adheres to the enemies, giving them aid and comfort 1. breech of allegiance 2. adherence 3. giving aid or comfort to the enemy • Ways of proving treason: a. 2 witnesses testifying to same overt act Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT. b. Confession of the accused in open court. Arraignment, pre-trial, trial – OK. 1. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. 2. During trial, simply saying “I’m guilty” is not enough. 3. Withdrawing plea of “not guilty” during arraignment not necessary 4. If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. • Treason: breach of allegiance to the government, committed by a person who owes allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the person is a citizen or an alien. • Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. • Treason cannot be committed in times of peace, only in times of war – actual hostilities. But no need for declaration of war • Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Not Treasonous: a. Acceptance of public office and discharge of official duties under the enemy does not constitute per se the felony of treason (exception: when it is policy determining) b. Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them. c. Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials – not treason On Citizenship a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. b. Only Filipino citizens or permanent resident aliens can be held liable c. Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters.

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• • • • Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war No such thing as attempted treason; mere attempt consummates the crime Giving aid or comfort – material element, enhances forces of the enemy country. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or that which weaken and tend to weaken the power of the same. Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily “giving aid and comfort.” Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually or emotionally favors the enemy and harbors convictions disloyal to his country’s policy. But membership in the police force during the occupation is NOT treason. Example: Giving information to, or commandeering foodstuffs for the enemy. • Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances surrounding the act. Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted. If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12. No treason through negligence When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1) separate crimes or (2) as complex with treason.

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Article 115 CONSPIRACY TO COMMIT TREASON • ELEMENTS: a. In time of war b. 2 or more persons come to an agreement to 1. levy war against the government, or 2. adhere to the enemies and to give them aid or comfort, c. They decide to commit it ELEMENTS OF PROPOSAL TO COMMIT TREASON a. In time of war b. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.

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Article 116 MISPRISION OF TREASON • ELEMENTS: a. That the offender must be owing allegiance to the government, and not a foreigner b. That he has knowledge of any conspiracy (to commit treason) against the government c. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission “To report within a reasonable time” – depends on time, place and circumstance – the RPC did not fix time. RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK.

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Article 117 Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. • ELEMENTS: a. 1. That the offender enters any of the places mentioned therein 2 2. That he has no authority therefore; b. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines

Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office holds

a. ELEMENTS: That the offender is a public officer
b. That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the public office he holds c. That he discloses their contents to a representative of a foreign nation Purpose: to gather data Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship. Not necessary that Philippines is at war with the country to which the information was revealed. What is important is that the information related is connected with the defense system of the Philippines. Wiretapping is NOT espionage if the purpose is not something connected with the defense See CA 616 II. CRIMES AGAINST LAWS OF NATIONS Article 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS • ELEMENTS: a. That the offender performs unlawful or unauthorized acts b. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Crime is committed in time of peace, intent is immaterial Inciting to war – offender is any person Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.

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Article 119 VIOLATION OF NEUTRALITY ELEMENTS: a. That there is war in which the Philippines is not involved b. That there is a regulation issued by competent authority for the purpose of enforcing neutrality c. That the offender violates such regulation • Gov’t must have declared the neutrality of the Phil in a war between 2 other countries • It is neutrality of the Phil that is violated
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• Congress has the right to declare neutrality

Article 120 CORRESPONDENCE WITH HOSTILE COUNTRY ELEMENTS: a. That it is in time of war in which the Philippines is involved b. That the offender makes correspondence with an enemy country or territory occupied by enemy troops c. That the correspondence is either – 1. prohibited by the government, or 2. carried on in ciphers or conventional signs, or 3. containing notice or information which might be useful to the enemy • Circumstances qualifying the offense: 1 a. notice or information might be useful to the enemy 2 b. offender intended to aid the enemy • Hostile country exist only during hostilities or after the declaration of war • Correspondence to enemy country – correspondence to officials of enemy country – even if related to you. • It is not correspondence with private individual in enemy country • If ciphers were used, no need for prohibition • If ciphers were not used, there is a need for prohibition • In any case, it must be correspondence with the enemy country • Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable Article 121 FLIGHT TO ENEMY’S COUNTRY • ELEMENTS a. That there is a war in which the Philippines is involved b. That the offender (Filipino or resident alien) must be owing allegiance to the government c. That the offender attempts to flee or go to enemy country d. That going to enemy country is prohibited by competent authority Mere attempt consummates the crime There must be a prohibition. If none, even if went to enemy country – no violation Alien resident may be guilty here.

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Article 122 PIRACY • 2 Ways of Committing Piracy a. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532) b. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its complement or passengers Elements: a. That a vessel is on the high seas/Philippine waters b. That the offenders are not members of its complement or passengers of the vessel c. That the offenders – 1. attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy but robbery in the high seas) 2. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers High seas: any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign gov’t

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Ex. b. Murder/rape/homicide/physical injuries must have been committed on the passengers or complement TITLE TWO I. If rape is committed on someone below 7 – death under the new rape law. piracy is part of robbery and theft Mutiny Unlawful resistance to a superior officer. But if rape committed on someone below 7 during the time of piracy – RP to death. Death is imposed in certain types of rape There is a conflict between this provision and the provision on rape. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Classes of Arbitrary Detention: a. 5 • • • • • . strangers to the vessel. Intent to gain is an element. jurisdiction to maintain peace and order). physical injuries. or the raising of commotion and disturbances on board a ship against the authority of its commander Piracy Robbery or forcible degradation on the high seas. (the above may result to qualified mutiny) Parricide/infanticide should be included (Judge Pimentel) Note the new rape law. By detaining a person without legal ground b. (this is the standing rule with the repeal of PD 532 which made it possible for any person to commit piracy including a passenger or complement of the vessel). Delaying release Article 124 ARBITRARY DETENTION • ELEMENTS: a. or rape. Whenever the crime is accompanied by murder. Detention: when a person is placed in confinement or there is a restraint on his person. c. without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. Irreconcilable. Article 123 QUALIFIED PIRACY • CIRCUMSTANCES: a. That he detains a person (actual restraint). That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons. That the detention was without legal grounds (cannot be committed if with warrant). Delay in the delivery of detained persons to the proper judicial authorities c. homicide. Whenever the pirates have abandoned their victims without means of saving themselves c. Whenever they have seized a vessel by boarding or firing upon the same b.5 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • • • PD 532 has been already repealed Piracy in high seas – jurisdiction is with any court where offenders are found or arrested Piracy in internal waters – jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law. Attack from outside. Offenders are Attack from the inside.

Officers got a tip and arrested X. for crimes/offenses punishable by capital punishment or afflictive penalties. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. 18 hours. What is length of waiver? Light offense – 5 days. private individuals who conspire with public officers can also be liable. That he fails to deliver such person to the proper judicial authority within: 1.6 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • Though the elements specify that the offender be a public officer or employee. Continuing crime is different from a continuous crime Ramos v. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Know grounds for warrantless arrest: a. has been committed b. he’s considered as one. Such waiver is not violative of the accused constitutional right. Arrest can be made without a warrant because this is a continuing crime. for crimes/offenses punishable by correctional penalties. X was detained immediately. 36 hours. officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. then the rebels continue to engage in rebellion. Why? Because once X made a confession. for purposes of this article. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person. That he has detained a person for some legal grounds c. or their equivalent or 3. • • • • • • • Article 125 DELAY IN THE DELIVERY OF DETAINED PERSONS • ELEMENTS: a. crime is illegal detention Arbitrary Detention (124) Delay in Delivery of Detained (125) • • • • • • • 6 . violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. May be waived if a preliminary investigation is asked for. CA is an example of arbitrary detention (Judge Pimentel) Example: Y was killed by unknown assailant. unless the rebels renounce his affiliation. once you have committed rebellion and have not been punished or amnestied. Enrile: Rebels later on retire. Duty complied with upon the filing of the complaint with the judicial authority (courts. if detained for crimes/offenses punishable by light penalties. Neither does it affect the legality of the confinement under process issued by the court. prosecutors – though technically not a judicial authority. is being. Serious and less serious offenses – 7 to 10 days. According to the SC. To escape from this. Does not contemplate actual physical delivery but at least there must be a complaint filed. Crime is about to be. Legal grounds for the detention of any person: a. or their equivalent Really means delay in filing necessary information or charging of person detained in court. Officer must have reasonable knowledge that the person probably committed the crime For escaped prisoner – no need for warrant Rolito Go v. X voluntarily admitted to the officers that he did it although he was not asked. or their equivalent 2. 12 hours. That the offender is a public officer or employee b. According to the SC. the officers had a right to arrest him. there was NO arbitrary detention. commission of a crime b.) The filing of the information in court does not cure illegality of detention.

is refused re-entry – is considered forcing him to change his address here • Threat to national security is not a ground to expel or change his address. entering any dwelling against the will of the owner thereof 2. That the offender is a public officer or employee b. by compelling a person to change his residence (The crime of expulsion absorbs that of grave coercion. refusing to leave the premises. or 3. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. the performance of such judicial or executive order for the release of the prisoner. delaying the service of notice of such order to said prisoner c. or when sent to prison • If X (Filipino) after he voluntarily left. That he commits any of the following acts: 1. That there is a judicial or executive order for the release of a prisoner or detention prisoner. will amount to grave coercion) i. or 2. That he expels any person from the Philippines.e. Detention is legal in the beginning. That the offender is not authorized to do so by law • 2 acts punishable: a. Article 126 DELAYING RELEASE ELEMENTS: a. searching papers or other effects found therein without the previous consent of such owner 3.Villavicencio v. by expelling a person from the Philippines b. delaying the performance of a judicial or executive order for the release of a prisoner b. after having surreptitiously entered said dwelling and after having been required to leave the same • Aggravating Circumstance (medium and maximum of penalty imposed): 7 . That the offender without good reason delays: 1. That the offender is a public officer or employee b. or compels a person to change his residence c. the service of the notice of such order to the prisoner. delaying the proceedings upon any petition for the liberation of such person • Wardens and jailers are the persons most likely to violate this provision • Provision does not include legislation Article 127 EXPULSION ELEMENTS: a. That the offender is a public officer or employee b.7 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Detention is illegal from the beginning. If done by a private person. or that there is a proceeding upon a petition for the liberation of such person c. destierro.. Article 128 VIOLATION OF DOMICILE ELEMENTS: a. the proceedings upon a petition for the release of such person • Three acts are punishable: a. Lukban: prostitutes’ case • Does not include undesirable aliens. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority.

person enters and searches for papers and effects c. That there is no just cause ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED ELEMENTS: a. • • • • • • • Article 129 SEARCH WARRANTS MALICIOUSLY OBTAINED ELEMENTS: a. X owner was handcuffed while search was going-on. save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime. That the offender is a public officer or employee b. Example. commanding him to search for personal property described therein and bring it before the court • No just cause – warrant is unjustified • Search – limited to what is described in the warrant. the crime committed by the public officer is grave coercion. if violence or intimidation is used (Art 286). signed by the judge and directed to a public officer. the crime committed is trespass to dwelling (Art 280) When a public officer searched a person “outside his dwelling” without a search warrant and such person is not legally arrested for an offense. That he is armed with a search warrant legally procured c. That he exceeds his authority or uses unnecessary severity in executing the same • Search warrant is valid for 10 days from its date • Search warrant is an order in writing issued in the name of the People. b. Tank was used to ram gate prior to announcement that a search will be made c. That he procures a search warrant c. That the offender is a public officer or employee b. if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner. papers or other belongings of any person 8 . even if he knew that someone in that dwelling is having unlawful possession of opium 3 acts punishable: a. offense committed at nighttime b. That he has legally procured a search warrant c. or unjust vexation. Persons who were not respondents were searched Article 130 • ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES: a. A return was made. X was a respondent of a search warrant for illegal possession of firearms. papers or effects not constituting evidence of a crime be not returned immediately If the offender who enters the dwelling against the will of the owner thereof is a private individual. • Abuse examples: a. all details must be with particularity • Malicious warrant.8 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 a. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. That the offender is a public officer or employee b. person enters dwelling w/o consent or against the will b. person entered secretly and refuses to leave after being asked to “Being authorized by law” – means with search warrant. That he searches the domicile.

not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting. it’s unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body. Offender is a public officer or employee b. otherwise. officer is liable for stopping the meeting. hindering any person from joining any lawful association or from attending any of its meetings prohibiting or hindering any person from addressing. either alone or together with others. That the officer is a public officer or employee b. INTERRUPTION.g. • • Article 131 PROHIBITION. • • • • • • • • • • Article 132 INTERRUPTION OF RELIGIOUS WORSHIP • ELEMENTS: a. He performs any of the ff. acts: 1. not a participant. prohibiting or interrupting. Ex. a private person. Responsible members of the community (can’t be influenced by the searching party) Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. it’s a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony. Latter is preferred for objective determination. Homeowner b. AND DISSOLUTION OF PEACEFUL MEETINGS • ELEMENTS: a. Is X liable? X may be liable under Art 133 because X is a private person. in the peaceful meeting. baptism. denial of permit in arbitrary manner). dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger. That the owner.9 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 d. marriage X. or dissolving the same (e. But if done in a private home. or two witnesses residing in the same locality are not present Order of those who must witness the search: a. any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual. Example: Ordinance requires permits for meetings in public places. Mass. • • • • 9 . That the offender prevents or disturbs the same Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. or any member of his family. Members of the family of sufficient age and discretion c. without legal ground the holding of a peaceful meeting. a manifestation of religion. 2. boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. That religious ceremonies or manifestations of any religion are about to take place or are going on c. but only a meeting of a religious sect. But if police stops a meeting in a private place because there’s no permit.

public uprising and 2. taking arms against the government (force/violence) b. There is a deliberate intent to hurt the feelings of the faithful. during the celebration of any religious ceremony b. The offender is any person d. If not by public officer = fundamental law of Outsiders tumults the state • • • • CRIME Prohibition. only the place is material) 2. directed against religious tenet If in a place devoted to religious purpose. mere arrogance or rudeness is not enough Nature of Crime Who are Liable If Element Missing Crime against the Public officers. CRIMES AGAINST PUBLIC ORDER Article 134 REBELLION OR INSURRECTION • ELEMENTS: a. as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful. Interruption and Dissolution of Peaceful Meeting (131) Interruption of Religious Worship (132) Crime against the Public officers. any body of land. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings) c.10 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • When priest is solemnizing marriage. in a place devoted to religious feelings. naval or other armed forces. he’s not. That the acts complained of were performed – 1. although in other cases. Article 133 OFFENDING RELIGIOUS FEELINGS • ELEMENTS: a. or 10 . he is a person in authority. That the purpose of the uprising or movement is either 1. That there be – 1. the territory of the Philippines or any part thereof. Processions and special prayers for burying dead persons but NOT prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule. no need of religious ceremony. and scandal (133) outsiders If meeting illegal at onset = inciting to sedition or rebellion TITLE THREE I. If not tumults = alarms Religious Feeling public order private persons. or 4 ii. If by insider = unjust fundamental law of Outsiders vexation the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation Offending the Crime against Public officers. to remove from the allegiance to said government or its laws – 3 i. there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). or (for this element.

4. Rape. heads a rebellion or insurrection. promotes 2. spoke for them c. the crime is of direct assault. Any person who. Hernandez and Enrile v. illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. ELEMENTS: Swift attack Accompanied by violence. not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t Purpose of the uprising must be shown but it is not necessary that it be accomplished A change of government w/o external participation RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. If there is no public uprising. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion). any military camp or installation 11 . However. Furthermore. Merely sympathizing is not participation. takes part therein by: 1. illegal association are absorbed. c. there must be ACTUAL participation Not necessary that there is killing. of any of their powers or prerogatives Persons liable for rebellion a. Examples: killing. without any political motivation. signed receipts and other documents issued in their name d. purpose is always political Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the gov’t. destroying property or committing serious violence 3. Fernando) Read People v. directed the others b. it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. performed similar acts on behalf of the rebels • • • • • • • • • • • • • • • • Article 134-A COUP D E’TAT • a. b. possessions of firearms. the crime would be separately be punished and would not be embraced by rebellion (People v. engaging in war against the forces of the government 2. Any person who: 1. even if not in furtherance of rebellion cannot be complexed If killing. strategy or stealth Directed against: 1. Any person merely participating or executing the command of others in rebellion Success is immaterial. Mere giving of aid or comfort is not criminal in the case of rebellion. threat. robbing were done for private purposes or for profit. intimidation. maintains. Salazar Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. or b. duly constituted authorities 2. mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. or 3. while holding any public office or employment. wholly or partially.11 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 2 To deprive the chief executive or congress.

Seizing or See enumeration in of to enemy during diminishing article. With or without civilian support or participation 8. while holding any public office or employment. directs. It is not limited to hostilities against the armed force. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated c. takes part therein 1. Purpose of seizing or diminishing state power Crime may be committed by a single person. Public officer must take active part because mere silence or omission not punishable in rebellion b. • Serious violence is that inflicted upon civilians. heads a rebellion or insurrection b. Any person merely participating or executing the command of other in a rebellion In Government Service Not in Government Service Anyone who leads. finances. to undertake a coup. any government employee and even by civilian Taking up of arms not even necessary. other facilities needed for the exercise and continued possession of power 5. with or without civilian support or participation 7. destroying property or committing serious violence 3. abets. Rising publicly or A against the gov’t. commands others Anyone who participates or in an manner. Promotes 2. Committed by any person or persons belonging to the military or police or holding any public office or employment. or that they never recognized the government 12 . intimidation. AND tumultuously c OR Taking up arms (caused by more t adherence and against the gov’t than 3 armed men s giving aid or or provided with comfort to means of violence) enemies Purpose Deliver the gov’t See article. Any person who: 1. objective war state power. which may result in homicide. Maintains 3. communication networks or public utilities 4. what is important is violence. threat. supports. Singly or simultaneously carried out anywhere in the Philippines 6. aids in a coup. It is not a defense in rebellion that the accused never took the oath of allegiance to. • Diverting public funds is malversation absorbed in rebellion a.12 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 3. engaging in war against the forces of the gov’t 2. Article 135 PENALTIES • Who are liable? a. strategy or stealth Treason (114) Rebellion (134) • • Coup d’etat Sedition (139) (134-A) Nature of Crime against Crime against Crime Crime against C National Security Public Order against Public Order r Public Order i m e Overt levying war Public uprising See article. Any person who.

That the inciting is done by means of speeches. without any political motivation. Failing to resist rebellion by all the means in their power b. A person who has decided to rise publicly and take arms the government b. Killing. robbing etc for private persons or for profit. Continuing to discharge the duties of their offices under the control of rebels c. no fault If position is accepted in order to protect the people. 13 .13 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 c. not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. That he incites others to the execution of any of the acts of rebellion c. Article 136 CONSPIRACY TO COMMIT REBELLION OR INSURRECTION • ELEMENTS: a. would be separately punished and would not be absorbed in the rebellion. writings. emblems. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government d. They decide to commit it PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136) • ELEMENTS: a. Proposes its execution to some other person/s • Organizing a group of soldiers. then there’s disloyalty. soliciting membership in. For any of the purposes of rebellion c. That the offender does not take arms or is not in open hostility against the government b. then it is already taking part in it. Accepting appointment to office under rebels Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it. Article 137 DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES • ELEMENTS: a. If there are no means. proclamations. banners or other representations tending to the same end Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 has • • Proposal to Commit Rebellion (136) Inciting to Rebellion (138) The person who proposes has decided to Not required that the offender commit rebellion. 2 more persons come to an agreement to rise publicly and take arms against the government b. and soliciting funds for the organization show conspiracy to overthrow the gov’t • The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t • Conspiracy must be immediately prior to rebellion • If it is during the rebellion. • • • • • Article 138 INCITING TO REBELLION OR INSURRECTION • ELEMENTS: a. decided to commit rebellion. For any of the purposes of rebellion c.

Difference from rebellion – object or purpose of the surprising. actual disturbance not necessary) Different acts of inciting to sedition: • 14 . to commit for any political or social end. or the national government of all its property or any part thereof Sedition: raising of commotion or disturbances in the State. or other means outside of legal methods c. or any public thereof from freely exercising its or his functions. Sedition – purpose may be either political or social. writing. That the offender does not take a direct part in the crime of sedition b. municipality or province. That the inciting is done by means of speeches. That the offenders rise – 1. or prevent the execution of any administrative order 3. For sedition – sufficient that uprising is tumultuous. leader of the sedition. to prevent the national government. emblems. • • • • • • • • • • • Article 142 INCITING TO SEDITION • ELEMENTS: a. for any political or social end. or other representations tending to the same end (purpose: cause commotion not exactly against the government. any act of hate or revenge against private persons or any social class (hence. even private persons may be offended parties) 5. other persons participating in the sedition The inciting is done publicly. That the offenders employ any of those means to attain any of the following objects: 1. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. In rebellion – always political Tumultuous – caused by more than 3 persons who are armed or provided with means of violence Preventing public officers from freely exercising their functions In sedition – offender may be a private or public person (Ex. Tumultuously (vis-à-vis rebellion where there must be a taking of arms) b. Preventing election through legal means – NOT sedition But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition Persons liable for sedition: a. Soldier) Public uprising and the object of sedition must concur Q: Are common crimes absorbed in sedition? In P v. Umali. proclamations. banners. and b. to prevent the promulgation or execution of any law or the holding of any popular election 2. to despoil. or any provincial or municipal government. In rebellion – there must be taking up of arms against the government. intimidation. Publicly (if no public uprising = tumult and other disturbance of public order) 2. That they employ force. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. That he incites others to the accomplishment of any of the acts which constitute sedition (134) c. cartoons. Article 139 SEDITION • ELEMENTS: a.14 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 The person who proposes the execution of the crime uses secret means. Crimes committed in that case were independent of each other. SC held that NO. any person.

By arresting or searching any member thereof while Congress is in a regular or special session. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. he disturbs any of such meetings 2. when they suggest or incite rebellious conspiracies or riots.15 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 a. That there be a meeting of Congress or any of its committees. Knowingly concealing such evil practices When punishable: a. or b. CRIMES AGAINST POPULAR REPRESENTATION Article 143 ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES • ELEMENTS: a. or from 2. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. or of any provincial board or city or municipal council or board b. or frauds to prevent any member of Congress from – 1. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Complaint must be filed by member of the Legislative body. That the offender does any of the following acts 1. emblems etc. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. writings. when they tend to disturb or obstruct any lawful officer in executing the functions of his office. • • Article 144 DISTURBANCE OF PROCEEDINGS • ELEMENTS: a. or d. • Article 145 VIOLATION OF PARLIAMENTARY IMMUNITY • Acts punishable: a. mean. libelous] libels against the government or any of the duly constituted authorities thereof. or of any provincial board or city or municipal council or board b. which tend to disturb the public peace c. Uttering seditious words or speeches which tend to disturb the public peace or writing. threats. or circulating scurrilous [vulgar. expressing his opinions or 3. when they tend to instigate others to cabal and meet together for unlawful purposes c. By using force. casting his vote b. That the offender who may be any persons prevents such meeting by force or fraud Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143. constitutional commissions or committees or division thereof. constitutional commissions or committees or divisions thereof. Accused may also be punished for contempt. b. attending the meeting of the assembly or any of its committees. That there be a projected or actual meeting of Congress or any of its committees or subcommittees. the safety and order of the government II. constitutional commissions or committees or divisions thereof. except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor 15 . intimidation. publishing. proclamations.

That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment). Meeting. is incited to the commission of the crime of treason.16 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Elements: 1. is in a regular or special session 4. persons merely present at the meeting (except when presence is out of curiosity – not liable) Responsibility of persons merely present at the meeting a. the organizers or leaders of the meeting b. if they are not armed. rebellion or insurrection. purpose : to commit any of crimes punishable under the code 3. or licensed firearms. That Congress. That he arrests or searches any member of Congress 3. founders. meeting attended by armed persons b. or of individuals who. It is the meeting and the attendance at such Act of forming or organizing • and 16 . Meeting. gathering or group of persons whether in a fixed place or moving 2. if they carry arms. purpose of the meeting is to commit acts punishable under the RPC b. That the offender is a public officer or employee 2. Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. at the time of arrest or search. sedition or assault upon a person in authority of his agent. • • • • Article 147 ILLEGAL ASSOCIATIONS • ELEMENTS: a. considered as leader or organizer of the meeting • . like bolos or knives. Meeting of the first form 1. gathering or group of persons whether in a fixed place or moving 2. directors and president of the association b. Audience whether armed or not. although not armed. ILLEGAL ASSEMBLIES AND ASSOCIATIONS Article 146 ILLEGAL ASSEMBLIES • Two (2) Types of illegal assemblies: a. Organized totally or partially for the purpose of committing any of the crimes in RPC b. rebellion. Or for some purpose contrary to public morals Persons liable: a. penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. mere members of the association Illegal Assembly (146) Illegal Association (147) Must be an actual meeting of armed No need for such persons to commit any of the crimes punishable under the RPC. sedition or direct assault. are incited to the commission of treason. Meeting of the second form 1. Article partly inoperative because of the 1987 Constitution III. penalty is arresto mayor b.

Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Always complexed with the material consequence of the act (e. president members IV.g. President of Sanitary Division and a teacher Agent: is one who. direct assault with murder) except if resulting in a light felony. (victim need not be person in authority) c. That there is no public uprising. or (d) makes a serious resistance. (c) makes a serious intimidation. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. the consequence is absorbed Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority. 17 . That there is no public uprising. b. policeman. That the person assaulted is a person in authority or his agent. That the offender (a) makes an attack. b. is charged with the maintenance of public order and the protection and security of life and property. (Example. so is a Division Superintendent of schools. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend. d. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential). still direct assault. RESISTANCE AND DISOBEDIENCE and Article 148 DIRECT ASSAULT • • • • • • ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT a. ASSAULT. postmaster. or that he is assaulted (b) by reason of the past performance of official duties (motive is essential). by direct provision of law or by election or by appointment by competent authority. (b) employs force. innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries. injure or assault). because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. When the person in authority or the agent provoked/attacked first. Barrio councilman and any person who comes to the aid of the person in authority. e.17 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 that are punished Persons liable: leaders and those present membership in the association Founders. That the offender employs force or intimidation. ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT: a. Malacañang confidential agent) Even when the person in authority or the agent agrees to fight. in which case. sheriff. municipal treasurer. directors. Pointing a gun) Force Employed Need not be serious Must be of serious character Intimidation/Resistance Serious Serious Person in Authority Agent • • • • • • Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation. c. the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. agents of the BIR. board or commission A barangay captain is a person in authority.

d. or with serious physical injuries.18 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): a. c. the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). the person who should be aided is the agent (not the person in authority because it is already direct assault. 2) • ELEMENTS: a. b. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. c. c. 148. Indirect assault can be committed only when a direct assault is also committed To be indirect assault. b. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. when the offender is a public officer or employee c. 148. 149 and 150. SIMPLE DISOBEDIENCE (par. • • Article 150 DISOBEDIENCE TO SUMMONS • a. is assaulted Direct Assault (148) 18 . That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. when the assault is committed with a weapon b. That the offender resists or seriously disobeys such person in authority or his agent. Direct assault cannot be committed during rebellion. 1) • ELEMENTS: a. • • Article 149 INDIRECT ASSAULT • ELEMENTS: a. e. That the offender disobeys such agent of a person in authority. That such disobedience is not of a serious nature. b. c. Resistant and Disobedience to a Person in Authority or Agents of such Person (151) PIA or his agent must be engaged in the PIA or his agent must be in the actual performance of official duties or that he performance of his duties. records etc. Example. Acts punishable: refusing without legal excuse to obey summons refusing to be sworn or placed under affirmation refusing to answer any legal inquiry to produce books. Aiding a policeman under attack. That a person comes to the aid of such authority or his agent. That the act of the offender is not included in the provisions of arts. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. restraining another from attending as witness in such body inducing disobedience to a summons or refusal to be sworn Article 151 RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder. b.

is charged with the maintenance of public order and the protection and security of life and property. this article applies. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority – any person who. or if committed by public officers they are not participants therein. the punong barangay. CRIMES AGAINST PUBLIC DISORDERS Article 153 • TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER: a. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting The outcry is merely a public disorder if it is an unconscious outburst which. c. office or establishment b. Professors e. Barangay captain b.19 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Direct assault is committed in 4 ways – by attacking. gatherings or peaceful meetings. protection and the security of life. seriously Use of force against an agent of a PIA is not so serious. no manifest intention to defy the law and the officers enforcing it. Article 152 PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY: • Persons in Authority – any person directly vested with jurisdiction. Burying with pomp the body of a person who has been legally executed. its inciting to rebellion or sedition. Displaying placards or emblems which provoke a disturbance of public order in such place e. V. a. by direct provision of law or by election or by appointment by competent authority. employing force. and seriously resisting a PIA or his agent. and any barangay member who comes to the aid of persons in authority shall be deemed AGENT of persons in authority. Committed by resisting or disobeying a PIA or his agent. if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship). otherwise. Barangay chairman c. association or public place d. functions. Use of force against an agent of PIA must be serious and deliberate. Barangay leader d. whether as an individual or as a member of some court or governmental corporation. board or commission. If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers. Any person who comes to the aid of persons in authority Section 388 of the Local Gov’t Code provides that “for purposes of the RPC. colleges and universities f. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. Making any outcry tending to incite rebellion or sedition in any meeting. Causing any serious disturbance in a public place. Barrio councilman b. Persons charged with the supervision of public or duly recognized private schools. sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. although rebellious or seditious in nature. a. Barrio policeman c. Interrupting or disturbing public performances. or the maintenance of a desirable and balanced environment. Teachers d. is not intentionally calculated to induce others to commit rebellion or sedition. • • • • 19 . property.

tin horns etc. Publishing or causing to be published. • Charivari – mock serenade or discordant noises made with kettles. Article 155 • TYPES OF ALARMS AND SCANDALS: a. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. not the intent CRIME Nature of Crime Tumults and other Crime against Public Order Disturbances (153) Alarms and Scandals (155) Crime against Public Order Who are Liable Private persons. or helps the escape of such person (if the escapee is serving final judgement. b. he is guilty of evasion of sentence). Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d.20 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character” Article 154 • TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES: a. Discharging any firearm. Maliciously publishing or causing to be published any official resolution or document without proper authority. insult or annoy • Firearm must not be pointed at a person. utterances or speeches c. or before they have been published officially d. That the offender removes therefor such person. by means of printing. b. outsider Article 156 • ELEMENTS OF DELIVERING PRISONERS FROM JAILS: a. firecracker. periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. justifying or extolling any act punished by law. pamphlets. That there is a person confined in a jail or penal establishment. calculated to cause alarm or danger b. or cause damage to the interest or credit of the State. lithography or any other means of publication as news any false news which may endanger the public order. c. Causing any disturbance or scandal in public places while intoxicated or otherwise. by the same means or by words. provided the act is not covered by Art 153 (tumult). otherwise. Offender is a private individual • Prisoner may be detention prisoner or one sentenced by virtue of a final judgment • A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here • It may be committed through negligence • Circumstances qualifying the offense – is committed by means of violence. publishing or distributing or (causing the same) books. • Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise 20 . it is illegal discharge • What governs is the result. rocket. Printing. or other explosive within any town or public place. Encouraging disobedience to the law or to the constituted authorities or by praising. outsider Private persons. designed to deride. intimidation or bribery.

President has power to arrest. c. or 5. That he violated any of the conditions of such pardon.1. That he evades the service of his sentence by escaping during the term if his sentence. a sedition.21 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 VI. breaking doors. CONFLAGRATIONS. a revolt • Disarming the guards is not mutiny Article 159 VIOLATION OF CONDITIONAL PARDON • ELEMENTS: a. or 4. mutiny in which he has not participated. unlawful entry (by “scaling”) b. 3. reincarnate offender without trial • • VIOLATION OF PARDON ORDINARY EVASION Infringement of conditions/terms of To evade the penalty given by the courts President – disturbs the public order 21 . 2. conflagration. EVASION OF SENTENCE OR SERVICE Article 157 • ELEMENTS OF EVASION OF SERVICE OF SENTENCE: a. in no case to exceed 6 months. That he was granted a conditional pardon by the chief executive. windows. on the occasion of such disorder or during the mutiny. That the offender is a convict by final judgment. That he is serving his sentence which consists in deprivation of liberty (destierro included) c. b. deceit. roofs or floors c. no conviction necessary. gates. earthquake. • A continuing offense. EARTHQUAKES OR OTHER CALAMITIES: a. violence or intimidation d. similar catastrophe. c. false keys. That the offender evades the service of his sentence by leaving the penal institution where he is confined. explosion. That there is disorder. But if under Revised Admin Code. • Offender must escape to be entitled to allowance • Mutiny – organized unlawful resistance to a superior officer. b. (fact of return immaterial). walls. using picklocks. That the offender was a convict. disguise. b. • Offenders – not minor delinquents nor detention prisoners • If escaped within the 15 day appeal period – no evasion • No applicable to deportation as the sentence • Flimsy excuse for violating destierro – not acceptable • Circumstances qualifying the offense (done thru): a. That the offender is a convict by final judgement who is confined in a penal institution. That the offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. resulting from. • Penalty: an increase by 1/5 of the time remaining to be served under the original sentence. d. connivance with other convicts or employees of the penal institution Article 158 • ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS. Condition extends to special laws – violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article.

imported or uttered such coins. That the offender knew of the counterfeiting or forgery. That in case of uttering such false or counterfeited coins. he connives with counterfeiters or importers.22 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • Two penalties provided: a. CRIMES AGAINST PUBLIC INTEREST Article 161 • TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT: a. Article 162 • USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP: a. • Offender is NOT the forger/not the cause of the counterfeiting Article 163 • ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS: a. Second crimes must belong to the RPC. That the offender either made. b. Forging the great seal of the Government b. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years b. First crime may be either from the RPC or special laws Reiteracion: offender shall have served out his sentence for the prior offense A quasi-recidivist may be pardoned at age 70. or while serving the same. c. others signed it – not the President. Forging the signature of the President c. That he used the counterfeit seal or forged signature or stamp. c. Forging the stamp of the President • When the signature of the President is forged. not special laws. b. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. b. That the offender was already convicted by final judgement of one offense. Except: Unworthy or Habitual Delinquent If new felony is evasion of sentence – offender is not a quasi-recidivist Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can only be appreciated if the maximum is divisible) Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. • • • • • • • 22 . Minority) TITLE FOUR I. COMMISSION OF ANOTHER CRIME Article 160 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism) • ELEMENTS a. That there be false or counterfeited coins (need not be legal tender). it is not falsification but forging of signature under this article • Signature must be forged. That he committed a new felony before beginning to serve such sentence or while serving the same. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years VII. Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence.

Article 165 SELLING OF FALSE OR MUTILATED COIN. the acts punishable are: a. Under this PD. ELEMENTS: 1. • Must be intention to mutilate. falsifying – lotto or sweepstakes ticket. substituting. counterfeited or mutilated by another person. knowledge. or if it is not an article of the government as legal tender. knowing that it is false or mutilated. and 3. willful defacement b. and 2. • Foreign notes and coins not included. Possession does not require legal tender in foreign coins Includes constructive possession Read RA 427 • • • Article 166 FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING • Acts punishable: a. with intent to utter. tearing d. knowledge b. with intent to utter the same. Possession of coin.23 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • Coin is counterfeit – if it is forged. regardless if it is of no value • Counterfeiting – imitation of legal or genuine coin (may contain more silver. knowing the same to be false or mutilated. signs contained therein E. counterfeiting or altering by any means the figures and letters. Forging or falsity of treasury/bank notes or documents payable to bearer b. different design) such as to deceive an ordinary person in believing it to be genuine • Utter – to pass counterfeited coins. mutilation c. to diminish by inferior means (to diminish metal contents). Uttering of such false or forged obligations and notes in connivance with forgers and importers Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification – by erasing. destruction of Central Bank notes and coins • Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality.g. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here – it’s falsification of commercial document under Article 172 • • • • 23 . Must be legal tender. Importing of such notes c. deliver or give away • Import – to bring to port the same • Both Philippine and foreign state coins • Applies also to coins withdrawn from circulation • Essence of article: making of coins without authority Article 164 • ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE: This has been repealed by PD 247. WITHOUT CONNIVANCE • 2 Types a. words. Actually uttering such false or mutilated coin. ELEMENTS: 1. actually uttering. burning e. possession 2.

That he performs any of these acts – 1.24 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • Obligation or security includes: bonds. using any of such forged or falsified instrument. Counterfeiting or imitating any handwriting. b. Article 171 FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER. Article 168 • ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT: a. employee. sweepstakes money Article 167 • ELEMENTS OF COUNTERFEITING. That the alteration has changed the meaning of the document. That he takes advantage of his official position. certificate of indebtedness. That the offender is a public officer. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. bear some resemblance. That there be an instrument payable to order or other document of credit not payable to bearer. OR NOTARY OR ECCLESTASTICAL MINISTER • ELEMENTS: a. coupons. or signs contained therein. EMPLOYEE. b. the genuine and the forged. AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER: a. resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council. That he falsifies a document by committing any of the following acts: 1. imported or uttered such instruments. or 2. c. signature or rubric. • Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies . That there be an intent to imitate. b. counterfeiting. treasury notes. bills. or notary public. c. That the two signatures or handwritings. by giving to a treasury or bank note or any instrument payable to bearer or to order. substituting. That the offender knows that any of those instruments is forged or falsified. That the offender either forged. he connived with the forger or importer. That he has no proper authority therefor. Requisites: i. or an attempt to imitate ii. the appearance of a true and genuine document b. letters or words. c. That in case of uttering. by erasing. IMPORTING. • if all acts done but genuine appearance is not given. c. national bank notes. certificate of deposits. to each other 24 . That any treasury or bank note or certificate or other obligation and security payable to bearer. b. the crime is frustrated Article 170 • ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS: a. • Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes Article 169 FORGERY • How forgery is committed: a. That these be a bill. altering by any means the figures. drafts for money. That the offender (any person) alters the same. possessing with intent to use any of such forged or falsified instrument. checks. d.

or including in such copy a statement contrary to. Intercalating any instrument or note relative to the issuance thereof in a protocol. 3. registry. enough that it gives an appearance of a genuine article Counterfeiting – imitating any handwriting. Must be on a material matter  Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Residence certificates  The person making the narration of facts must be aware of the falsity of the facts narrated by him. (if no knowledge. falsification through negligence) or 8. In case the offender is an ecclesiastical minister. or rubric out of one of which does not in fact exist • • • • • • • 25 . That the facts narrated by the offender are absolutely false. and ii. Making untruthful statements in a narration of facts. that of the genuine original. (genuine document) d. Ex. he may still be liable for falsification of documents by a private person Document: any written statement by which a right is established or an obligation is extinguished Not necessary that what is falsified is a genuine or real document. This kind of falsification may be committed by omission 5. Altering true dates. 1 but such is not an impediment to conviction under par. That the change made the document speak something false. and iv. That the offender makes in a document statements in a narration of facts ii. or different from. (required by law to be done) and iii. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person  There must be a narration of facts. signature or rubric Feigning – simulating a signature. That there be an alteration (change) or intercalation (insertion) on a document ii. That the alteration/intercalation has changed the meaning of the document iv. Requisites: i. Making any alteration or intercalation in a genuine document which changes its meaning. – date must be essential 6. Requisites: i. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. There is no crime of attempted or frustrated falsification of public document Persons liable – public officer. 7. handwriting. the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons. not a conclusion of law. or official book. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. That he has a legal obligation to disclose the truth of the facts narrated by him. That such person/s did not in fact so participate in the act or proceeding 4. That it was made on a genuine document iii. Requisites: i. 2) 2. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding.25 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001  (lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. employee or notary public or ecclesiastical minister If offender does not take advantage of his public position.

4. That the offender committed any of the acts of falsification. enumerated in art. c.26 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Article 172 FALSIFICATION OF PUBLIC. 2. That the offender is a private individual or a public officer or employee who did not take advantage of his official position. books. OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1) • ELEMENTS a. 171. • Not necessary that the offender profited or hoped to profit from the falsification • A document falsified as a necessary means to commit another crime must be public. Public records kept in the Philippines. hence. the written acts or records of cats of the sovereign authority of official bodies and tribunals. 3. ledgers. 6. letters of credit and other negotiable instruments • Cash disbursement vouchers or receipts evidencing payments are not commercial documents • A mere blank form of an official document is not in itself a document • The possessor of falsified document is presumed to be the author of the falsification FALSIFICATION UNDER PARAGRAPH 2 OF ART. 171. journals. 172) 26 . 3. bank checks. That the falsification was committed in any private document (must affect the truth or integrity of the document) c. 5. b. • Under this paragraph. 1. Counterfeiting or imitating any handwriting. Making any alteration or intercalation in a genuine document which changes its meaning. drafts. except those in paragraph 7 and 8. judicial and executive. deposit slips and bank statements. 172. and of the public officers. OF PRIVATE DOCUMENT • ELEMENTS : a. it is presumed • Defense: lack of malice or criminal intent • The following writings are public: a. cash files. official or commercial • There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa • If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa. b. the falsification is not punishable. That the falsification was committed in any public or official or commercial document. damage is not essential. legislative. art. airway bills. whether of the Philippines or of a foreign country. • A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law • The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records USE OF FALSIFIED DOCUMENT (par. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. signature or rubric. because as regards the falsification of the private document there was no damage or intent to cause damage. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated. • Examples of commercial documents – warehouse receipts. Making untruthful statements in a narration of facts. That he committed any of the acts of falsification enumerated in ART. That the falsification caused damage (essential element. b. no crime of estafa thus falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. Altering true dates. OFFICIAL.

the user had the capacity of falsifying the document • Falsification of Private Documents Falsification of Public/Official Documents Prejudice to third party is an element Prejudice to third persons is immaterial. That the use of the falsified dispatch resulted in the prejudice of a third party. 3. That the false document is embraced in art. cable. 171 or in any of subdivisions nos. b. telegraph. TELEGRAPH. 1 and 2 of art. or . 172. telegraph. MESSAGES. Falsifying wireless. That the offender knew that a document was falsified by another person. the use is so closely connected in time with the falsification b. That he used such documents (not in judicial proceedings). or telephone message was falsified by any of the person specified in the first paragraph of art. that the offender knew that a document was falsified by another person. That the accused knew that wireless. 1 and 2 of art.27 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • ELEMENTS: a. That the accused used such falsified dispatch. 2. cable. Using such falsified message Requisites: a. 2. or . to be liable must be engaged in the service of sending or receiving wireless. cable and telegraph or telephone message Article 174 27 . telegraph or telephone message Requisites: a. cable or telephone message. That the use of the documents caused damage to another or at least was used with intent to cause such damage. 173. engaged in the service of sending or receiving wireless. AND USE OF SAID FALSIFIED MESSAGES • AND TELEPHONE Acts punishable: 1. or telephone message 3. That the accused commits any of the following acts: . cable or telephone message.uttering fictitious wireless. That the accused commits any of the following acts: . Uttering fictitious. or that the use thereof was with intent to cause such prejudice. 3. or telephone message. or telephone message. Article 173 FALSIFICATION OF WIRELESS. cable.falsifying wireless. b. wireless. That the false document is embraced in art. what is of the offense. telegraph or telephone message Requisites: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation. That the offender is an officer or employee of the government or an officer or employee of a private corporation. telegraph. cable.falsifying wireless. • The public officer. punished is the violation of public faith and perversion of truth which the document proclaims. engaged in the service of sending or receiving wireless. 172. That he introduced said document in evidence in any judicial proceeding. cable. 4.uttering fictitious wireless. 171 or in any subdivisions nos. or telephone message 2. CABLE. The user of the falsified document is deemed the author of falsification. if: a. c. telegraph. (intent to cause damage not necessary) b. telegraph. b. Introducing in a judicial proceeding: 1. Use in any other transaction 1.

28 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 FALSIFICATION OF MEDICAL CERTIFICATES. good conduct or similar circumstances c. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t under the pretense of such official position. Article 176 MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION: • Acts punishable: a. to the gov’t b. to any person in authority c. in connection with the practice of his profession. That he uses that fictitious name publicly. or a private person had falsified any of said certificates. Not necessary that he performs an act pertaining to a public officer. c. good conduct. That a physician or surgeon has issued a false medical certificate. to any public office • • • • • • Article 178 USING FICTITIOUS NAME AND CONCEALING TRUE NAME • ELEMENTS (using fictitious name) : a. Making or introducing into the Philippines any stamps. or similar circumstances. OTHER FALSITIES Article 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS: • 2 ways of committing the crime: a. c. b. issued a false certificate (note: such certificate must refer to the illness or injury of a person) b. or a public officer has issued a false certificate of merit or service. By knowingly and falsely representing oneself to be an officer. That he used the same. CERTIFCATES OF MERIT OR SERVICE AND THE LIKE: • Persons liable: a. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority A public officer may also be an offender The act performed without being lawfully entitled to do so must pertain: a. b. That the offender uses a name other than his real name. Physician or surgeon who. Public officer who issued a false certificate of merit of service. agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t. and without being lawfully entitled to do so. dies or marks or other instruments or implements for counterfeiting or falsification b. b. In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. That the purpose of the offender is – 28 . Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person The implement confiscated need not form a complete set Constructive possession is also punished II. That the offender knew that the certificate was false. Private individual who falsified a certificate under (1) and (2) Article 175 • ELEMENTS OF USING FALSE CERTIFICATES: a.

b. • an exact imitation of the dress or uniform is unnecessary Article 180 • ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT: a. • Use of Fictitious Name (178) Concealing True Name (178) Element of publicity must be present Publicity not necessary Purpose is to conceal a crime. That the defendant against whom the false testimony is given is either acquitted or convinced in a final judgment (prescriptive period starts at this point) • Requires criminal intent. to evade the Purpose is to conceal identity execution of a judgement. To cause damage to public interest. or to cause damage Article 179 • ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA: a. c. To evade the execution of a judgment. b. c. he is not liable.29 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. uniform or dress. 29 . b. a. That the testimony must relate to the issues presented in said case. his true name. If he merely denies the commission of the offense. and 2. that the purpose is only to conceal his identity. can’t be committed through negligence. uniform or dress is used publicly and improperly. That the offender makes use of insignia. That the offender testifies falsely under oath against the defendant therein. Signing fictitious name for a passport) ELEMENTS (concealing true name): a. 2. That said insignia. that the offender conceals – 1. c. That there be a criminal proceeding. d. The false testimony need not influence the acquittal • A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. all other personal circumstances. uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. d. b. That the insignia. • Basis of penalty: gravity of the felony charged against the defendant Article 182 • ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES: That the testimony must be given in a civil case. That the false testimony must be given by the defendant knowing the same to be false. That the offender who gives false testimony knows that it is false. That the testimony must be false. To conceal a crime. (ex. Need not impute guilt upon the accused • The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted • The witness who gave false testimony is liable even if the court did not consider his testimony • Penalty is dependent upon sentence imposed on the defendant Article 181 FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case: • False testimony by negative statement is in favor of the defendant • False testimony need not in fact benefit the defendant • A statement of a mere opinion is not punishable • Conviction or acquittal is not necessary (final judgement is not necessary). or 3.

That in that statement or affidavit.30 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 That the testimony must be malicious and given with an intent to affect the issues presented in the said case Not applicable when testimony given in a special proceeding (in this case. b That he knew the witness or the testimony was false. it is sufficient Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P. and d. FRAUDS Article 185 • ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION: a That there be a public auction. by falsely testifying under oath b. 30 . Solemn affirmation: refers to non-judicial proceedings and affidavits A false affidavit to a criminal complaint may give rise to perjury A matter is material when it is directed to prove a fact in issue A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Even if there is no law requiring the statement to be made under oath. • • • • • • • • • • • 2 ways of committing perjury: a. b That the accused solicited any gift or a promise from any of the bidders. c That the offer was made in a judicial or official proceeding. c.I. That an accused made a statement under oath or made an affidavit upon a material matter. III. by making a false statement Subornation of perjury: procures another to swear falsely. authorized to receive and administer oath. The mere offer is sufficient. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. the crime is perjury) Basis of penalty: amount involved in the civil case e. the accused made a willful and deliberate assertion of a falsehood. That the statement or affidavit was made before a competent officer. That the sworn statement or affidavit containing the falsity is required by law. as long as it is made for a legal purpose. but knowing him to be a false witness. The false testimony is not in a judicial proceeding Article 184 • ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE: a That the offender offered in evidence a false witness or false testimony. • Article applies when the offender without inducing another. b. presented him and the latter testified falsely in a judicial or official proceeding • The false witness need not be convicted of false testimony. • • Article183 ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION: a.

to increase the market price of any merchandise or object of commerce manufactured. assembled or imported into the Phil • Also liable as principals: a. in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. processed. goods of prime necessity Article 187 • ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD. • Article 186 MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE: • Acts punished: a. It is not necessary that there be actual restraint of trade) c. motor fuel or lubricants c. d That the accused had the intent to cause the reduction of the price of the thing auctioned. by combining with any person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market d. d That the accused had the intent to cause the reduction of the price of the thing auctioned. conspiring c. processor d. brands. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise. Combination to prevent free competition in the market b. gifts. ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: a That there be a public auction. b That the stamps. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. OR OTHER PRECIOUS METALS OR THEIR ALLOYS: a That the offender imports. Manufacturer. SILVER. produced. • Person/s liable: a. producer c. 31 . or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. Monopoly to restrain free competition in the market . agent/representative c. sells or disposes of any of those articles or merchandise. director/manager – who willingly permitted or failed to prevent commission of above offense • Aggravated if items are: a. combining b. importer • Crime is committed by: a. to make transactions prejudicial to lawful commerce b. agreeing with another person • The purpose is: a. producer or processor or importer combining. or any other artifice.By monopolizing any merchandise or object of trade or commerce. food substance b. b That the accused attempted to cause the bidders to stay away from that public auction c That it was done by threats. corporation/association b. manufacturer b. promises.31 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 c That such gifts or promise was the consideration for his refraining from taking part in that public auction.

FRAUDULENT DESIGNATION OF ORIGIN. sale. sale. AND FALSE DESCRIPTION • Acts punished: a Unfair competition by selling his goods. possession of opium pipe and other paraphernalia k. and (b) selling such goods or services c Fraudulent registration by procuring fraudulently from the patent office the registration of t/m. cultivation of plants h. distribution and transportation of prohibited drugs c. or in the (b) wrapping of their packages. or in (d) any other feature of their appearance c That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose. or mark fails to indicate the actual fineness or quality of the metals or alloys. b By selling or by offering for sale such article of commerce. giving them the general appearance of the goods of another manufacturer or dealer b Fraudulent designation of origin. TRADEMARK SERVICE MARK. OR SERVICE MARK • Acts punishable: a By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof. possession or use g. being employees or visitors of drug den e. or a colorable imitation of such marks. manufacture of prohibited drugs f. Article 188 SUBSTITUTING – ALTERING TRADE-MARK.32 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 c That the offender knows that the said stamp. or any false description or representation. for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the same. etc. unnecessary prescription j. brand. t/m or service mark. lithographing or reproducing t/n. TITLE FIVE CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194) THE DANGEROUS DRUGS ACT OF 1972 (RA No. administration. d That there is actual intent to deceive the public or defraud a competitor. maintenance of a den. FRAUDULENT REGISTRATION OF TRADENAME. TRADENAME. Acts Punishable: a. Importation. 6425. of regulated drugs 32 • . knowing that the t/n or t/m has been fraudulently used c By using or substituting the service mark of some other person. in the sale or advertising of services d By printing. as amended) I. delivery. or a colorable limitation thereof. false description by (a) affixing to his goods or using in connection with his services a false designation of origin. Article 189 UNFAIR COMPETITION. to enable another person to fraudulently use the same. failure to comply with provisions relative to keeping of records of prescription i. knowing the fraudulent purpose for which it is to be used. ELEMENTS: a That the offender gives his goods the general appearance of the goods of another manufacturer or dealer b That the general appearance is shown in the (a) goods themselves. importation of prohibited drugs b. dive or resort for prohibited drug users d. t/m or service mark of one person. or in the (c) device or words therein.

b Partner. employee or officer who is found guilty of “planting” any dangerous drugs in the person or in the immediate vicinity of another as evidence to implicate the latter. Manufacturer. delivery. Dealer. c Government official. 33 . distribution and transportation of dangerous drugs c Maintenance of a den. administration. vessel. • Possession of prohibited/regulated drugs. Sale. distribution and transaction of prohibited/regulated drugs. is owned or under the control and supervision of the partnership. manager. the partner. delivery. acquisitions and/or deliveries of prohibited/regulated drugs Persons liable: Pharmacist. Failure to keep records of prescription. Attempt and conspiracy to commit the following offenses: a Importation of dangerous drugs b Sale. b Qualifying Circumstance – if the land involved is part of the public domain. equipment. dive. • Manufacture of prohibited/regulated drugs. Wholesaler. president. a Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State. • Maintenance of a den. or to the use of their equipment. Possession of opium pipe. Qualifying Circumstance – where a prohibited/regulated drug is administered. dive or resort. or should a prohibited drug be the proximate cause of the death of the person using the same in such den. Cultivation of plants which are sources of prohibited drugs. consuming. Dentist. injecting. apparatus or any paraphernalia fit or intended for smoking. shall be prima facie evidence that the possessor has smoked. purchases. president. dive or resort for prohibited drugs d Manufacture of dangerous drugs e Cultivation or culture of plants which are sources of prohibited drugs • Other persons liable: a If the violation of the Act is committed by a partnership. aircraft. the maximum of the penalty shall be imposed. vessel. machines or other instruments in the manufacture of any dangerous drugs. sale. Qualifying Circumstances – if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof. association or any judicial person. who knowingly authorizes. Physician. Retailer Unlawful prescription of prohibited/regulated drugs Unnecessary prescription of prohibited/regulated drugs Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof. distribution or transportation of dangerous drugs. consumed. administration. or manager who consents to or knowingly tolerates such violation shall be held criminally liable as coprincipal. or aircraft as an instrument in the importation. equipment. if such vehicle. injected or used a prohibited drug. corporation. Veterinarian. or sold to a minor who is allowed to use the same in such place. administered to himself.33 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • Importation of prohibited/regulated drugs. unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. or otherwise using opium or any other prohibited drug. sales. director. ingesting. association or judicial entity to which they are affiliated. delivered. Importer. Distributor. or resort for prohibited/regulated drug users. director. the maximum of the penalty herein provided shall be imposed. tolerates. corporation. officer or stockholder. administering. delivery. or consents to the use of a vehicle. or other instrument. the maximum penalty herein shall be imposed.

subsequent to such recommitment. supervisors or teachers. within the same period surrender him for confinement. b.34 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 II. Voluntary submission of a drug dependent to confinement. after hearing. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation. supervisors and teachers shall be deemed to be persons in authority and. he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug. (Sec. indicate that he shall be given full credit for the period he was confined in the center. guardian or relative within the 4th civil degree of consanguinity or affinity. or cause the apprehension or arrest of any person who shall violate any of the said provision. court shall pronounce judgement of conviction and he shall serve sentence. d. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings. the penalty thereof shall be deemed to have been served in the center upon his release therefrom.  Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board. 34 . as such. b. the judgement shall. the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. c. NOTE: When the offense is possession or use of dangerous drugs and the accused is not a recidivist. he shall be prosecuted for such violation. 2. arrest. treatment and rehabilitation by the drug dependent himself or through his parent. all school heads. g. he may submit himself for confinement within 1 week from the date of his escape. constitute sufficient cause for disciplinary action. In case of conviction. e. report the matter to the proper authorities. For the purpose of enforcing the provisions of this Act. Should the drug dependent escape from the center. Upon application of the Board. he should escape again. are vested with the power to apprehend. of his parent guardian or relative may. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated. NOTE: They shall be considered as persons in authority id they are in the school or within its immediate vicinity. f. 28) III. in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug. h. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall. if the accused is certified by the treatment and rehabilitation center to have maintained good behavior. After his rehabilitation. If. shall suspend all further proceedings and transmit records of the case to the Board. to be a drug dependent. Requisites of suspension of sentence for first offense in a minor: 1. the fiscal or court as the case may be. Rules: a. in turn. or beyond such immediate vicinity of they are in attendance in any school or class function in their official capacity as school heads. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center.  In case of violation of conditions of pardon. a. Failure to report in either case shall.

35 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001  If accused did not violate conditions of probation. deliver. portions of land. Romeo Macara) m Separate crimes – sale/possession of MT found in his possession after he was frisked but he can’t be convicted for possession of MJ that he sold n If victim is minor or drug is proximate cause of death – max penalty is imposed under Sec 4. consumed. UNLESS: owner can prove that he had no knowledge of the cultivation despite due diligence b If land is part of the public domain – maximum penalty imposed c Possession of opium pipe and other paraphernalia – prima facie evidence that the possessor has smoked. special aggravating circumstance if a crime has been committed while the accused was high on drugs (P v. greenhouse on which any of the plants is cultivated – confiscated and escheated to the State. mere attempt to sell. If prosecution can prove the crime without presenting the informer or asset – not necessary because their testimonies are merely corroborative.000 to 10M apply when: Opium 40 grams up Morphine 40 grams up Shabu 200 grams up Heroin 40 grams up Indian hemp 750 grams up MJ resin 50 grams up Cocaine 40 grams up Other drugs Quantity far beyond therapeutic requirement (if quantity is less than prescribed – penalty is PC to RP depending upon the quantity) e RA 7659 – PD 1619 – Possession and Use of Volatile Substances 1. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is selling or delivering was prohibited drug. P v. If imposable penalty: RP to death – no plea bargaining 35 . case shall be dismissed upon expiration of the designated period. import – already a crime under Article 8 f Buy Bust Operation – no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P v. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 6425 and malversation under RPC. Hilario Moscaling – court may take judicial notice of the word “shabu” 6. Rosalinda Ramos) 2. administered himself. Abedes) g Absence of ultraviolet power is not fatal in the prosecution h Transportation/importation of MJ – immaterial whether there may or may not be a distinction for the MJ i Distinguish Entrapment and Instigation: 1. 15-a 1. • Notes: a Cultivation of plants – Sec 9 – land. Carlos Franca) l Possession – constructive or actual – not necessary to adduce the marked money as evidence (P v. Anthony Belgar) 3. 15. Poseur buyer – it depends on whether the prosecution can prove the crime without their testimonies (P v. conspiracy to sell. Under the RA. Angelito Manalo – burden of proving the authority to possess shabu is a matter of defense 5. But the moment the fact of sale or delivery is proved by prosecution. the burden to prove that the accused is not aware that drugs are prohibited falls on the defense (P v. 5. Aranda) 4. P v. import – already a crime under Article 6 2. j Planting evidence – to implicate another k Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary to have prior police surveillance (P v. used prohibited drugs d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500.

or 36 . CRIMES AGAINST PUBLIC MORALS GAMBLING (195-99 repealed by PDs 449. game-fixing or point shaving and machinations in sports contests (PD 438) 3. Game-fixing: any arrangement. races.000 or less. C. Illegal cockfighting (PD 449) 2.36 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 2. Rules: A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own. employees. Scope – This law shall govern the establishment. place on probation for 6 months to 1 year  violation of probation – pronounce sentence – convict and serve sentence  no violation – discharge him and dismiss the proceeding  if minor is drug dependent – commit to a center for treatment and rehabilitation TITLE SIX I. Game Machination: any other fraudulent. combination. Betting. b. races and other sports contests. scheme or agreement by which the result of any game. unfair or dishonest means. GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORTS CONTESTS PD 483 • Acts Punishable: a. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than 3 days. d. D. If offender: government official. operation. Betting: Betting money or any object or article of value of representative value upon the result of any game. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance. 483 and 1602 as amended) 1. COCKFIGHTING LAW OF 1974 PD 449 I. races. Only one cockpit shall be allowed in each city or municipality with a population of 100. c. II. Point-shaving: any such arrangement combination. scheme or agreement by which the skill or ability of any player or participant in a fame. B. Illegal gambling PENALIZING BETTING. races or sports contest. player or participant. deceitful. maintenance and ownership of cockpits. method. manner or practice employed for the purpose of influencing the result of any game. First offense of a minor – suspension of sentence  under 18 at time of commission but not more than 21 at time when judgment was promulgated  found guilty of possession or use of prohibited or regulated drugs  not been previously convicted of violating any provision of this Act or the RPC  not been placed on probation  defer sentence. When allowed: 1. officers or found guilty of planting evidences – same penalty 3. or sports contests to make points of scores shall be limited deliberately in order to influence the result thereof in favor of one or other team. manage and operated cockpits. or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants.

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2. During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of 3 days upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative. Limitations: a) No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of the local fiesta or for more than 2 occasions a year in the same city of municipality. b) No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good Friday, Election Day and during registration days for such election/referendum. 3. If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning balikbayans, or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President upon resolution of a provincial board, city or municipal council, in licensed cockpits or in playgrounds or parks. Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days, within a year to a province, city or municipality. E. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. F. City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits. II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Article 200 • ELEMENTS OF GRAVE SCANDAL: a. Offender performs an act b. Act is highly scandalous as offending against decency or good customs c. Highly scandalous conduct does not expressly fall within any other article of the RPC d. Committed in a public place or within the public knowledge or view. (The public view is not required, it is sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people who sees it is not material). • Grave scandal: consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts • Decency: means properly observing the requirements of modesty, good taste etc • Customs: refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation • If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable • The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it. Article 201 IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS: • Persons liable: a. Those who publicly expound or proclaim doctrines that are contrary to public morals

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Authors of obscene literature, published with their knowledge in any form Editors publishing such obscene literature Owners or operators of establishments selling obscene literature Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals • Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character • Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. • However, Art 201 enumerates what are considered as obscene literature or immoral or indecent plays, scenes or acts: a. those w/c glorify criminals or condone crimes b. those w/c serve no other purpose but to satisfy the market for violence, lust or pornography c. those w/c offend against any race or religion d. those w/c tend to abet the traffic in and the use of prohibited drugs e. those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts • Mere nudity in paintings and pictures is not obscene • Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article • Publicity is an essential element Article 202 VAGRANTS AND PROSTITUTES: • Who are considered vagrants: a. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. Persons found loitering around public and semi-public places without visible means of support c. Persons tramping or wandering around the country or the streets with no visible means of support d. Idle or dissolute persons lodging in houses of ill-fame e. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich) f. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason provided the act does not fall within any other article of the RPC Trespass to dwelling Attempted theft Vagrancy b. c. d. e.

If fenced and with prohibition of entry If fenced and entered to hunt/fish If not fenced and with no prohibition of entry •

Who are considered prostitutes - refer to women who habitually indulge in sexual intercourse or lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy) TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS

Article 203 • WHO ARE PUBLIC OFFICERS: a. Takes part in the performance of public functions in the Government, or

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CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001
b. Performs public duties as an employee, agent or subordinate official in the gov’t or any of its branches Notes: a. Public officer must derive his authority from: b. direct provision of law c. popular election d. appointment by competent authority e. Public officers: embraces every public servant from the lowest to the highest rank f. A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer g. Misfeasance: means improper performance of an act which might be properly be performed h. Malfeasance: means performance of an act which ought not to be done i. Nonfeasance: means omission of an act which ought to be done

MALFEASANCE AND MISFEASANCE IN OFFICE Malfeasance Misfeasance Nonfeasance • Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal

ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT: a. Offender is a judge b. Renders a judgment in the case submitted to him for judgment c. Judgment is unjust d. Knowledge that the decision is unjust Notes: a. Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding b. Unjust judgment: one which is contrary to law, or not supported by the evidence, or both c. An unjust judgment may result from: 1. error (with bad faith) 2. ill-will or revenge 3. bribery d. There must be evidence that the decision rendered is unjust. It is not presumed e. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration).

Article 205 • ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE: a. Offender is a judge b. Renders a judgment in a case submitted to him for decision c. Judgment is manifestly unjust d. Due to inexcusable negligence or ignorance • Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice Article 206 • ELEMENTS OF UNJUST INTERLOCUTORY ORDER: a. That the offender is a judge. b. That he performs any of the following acts: 1. knowingly renders unjust interlocutory order or decree, or 2. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

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• Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final determination of the issues of the action or proceeding

Article 207 • ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE: a. That the offender is a judge. b. That there is a proceeding in his court. c. That he delays the administration of justice. d. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. • Mere delay without malice is not punishable Article 208 • ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES: a. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses. b. That there is dereliction of the duties of his office, that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) c. That the offender acts with malice and deliberate intent to favor the violator of the law. • PREVARICACION: negligence and tolerance in the prosecution of an offense • There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court • The crime must be proved first before an officer can be convicted of dereliction of duty • A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory • Article not applicable to revenue officers Article 209 • ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT): a. Causing damage to client (prejudice is essential) either 1. by any malicious breach of professional duty, or 2. by inexcusable negligence or ignorance. b. Revealing any of the secrets of his client learned by him in his professional capacity (damage not necessary) c. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latter’s consent (damage not necessary) Article 210 • ELEMENTS OF DIRECT BRIBERY: a. That the offender be a public officer within the scope of Art 203 b. That the offender accepts an offer or promise or receives a gift or present by himself or through another c. That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime) 1. with a view to committing some crime (delivery of consideration is not necessary) or

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• • • • • • • • Bribery (210) When the victim has committed a crime and gives money/gift to avoid arrest or prosecution. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) Actual receipt of the gift is not necessary. induced. An accepted offer or promise of a gift is sufficient. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him Applicable also to assessors. property or services If the act required of the public officer amounts to a crime and he commits it. present.41 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 2. percentage. or indirectly requesting or receiving any gift. Persuading. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter. or allowing himself to be persuaded. ANTI-GRAFT AND CORRUPT PRACTICES ACT RA 3019 • Persons Liable: a. for himself or for another. 2. only the person offering the gift is liable for attempted corruption of a public officer The gift must have a value or capable of pecuniary estimation. 3. or influenced to commit such violation or offense. 4. or will secure or obtain. Bribery exists when the gift is: a. This is not necessary in prevaricacion Robbery (294) When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. Any public officer who shall perform any of the following acts: 1. arbitrators. experts or any other person performing public duties Cannot be frustrated. if the offer is not accepted. in any manner of capacity. or 3. Victim parts with his money or property voluntarily. Directly. In direct bribery however. Directly or indirectly requesting or receiving any gift. solicited by the public officer and voluntarily delivered by the private person c. he shall be liable for the penalty corresponding to the crime The third type of bribery and prevaricacion (art 208) are similar offenses. to refrain from doing something which is his official duty to do d. However. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties For purposes of this article. a gift or promise is given in consideration of the omission. share. temporary performance of public functions is sufficient to constitute a person a public officer. 41 . voluntarily offered by a private person b. in consideration for the held given or to be given. only attempted or consummated. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. any Government permit or license. or other pecuniary or material benefit. present. or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. has secured or obtained. from any person for whom the public officer. appraisal and claim commissioners. Victim is deprived of his money or property by force or intimidation. but the act must be unjust (delivery of consideration is necessary). both consisting of omissions to do an act required to be performed. It could be in the form of money. in consideration of an execution if an act which does not constitute a crime.

contract or transaction in connection with which he intervenes or take part in his official capacity. the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law. advantage. administrative or judicial function through manifest partiality. b. Any transaction. in any business transaction. and which exercises discretion in such approval. request. on behalf of the Government. by consanguinity or affinity. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present. Directly or indirectly becoming interested. or contact with the government in which such public official has to intervene (Sec. who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. Any person who. into any contract or transaction manifestly and grossly disadvantageous to the same. 4. or of a mere representative or dummy of one who is not so qualified or entitled. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). the vice-president. 10. after due demand or request. or having a material interest in any transaction or act requiring the approval of a board. the president of the Senate. committee. panel. of the president of the Philippines. for personal gain. or group of which he is a member. or benefit in favor of any person not qualified for or not legally entitled to such license. 8. or advantage. application. permit. directly or indirectly. or speaker of the house of Representatives. during the term for which he has been elected. Directly or indirectly having financial or pecuniary interest in any business. Spouse or any relative. even if he votes against the same or does not participate in the action of the board. Neglecting or refusing. permit. within the 3rd civil degree. contract or application with the gov’t (Sec. or giving any private party any unwarranted benefits. 4) d. privilege. 6. 11. Divulging valuable information of a confidential character. or releasing such information in advance of its authorized release date. evident bad faith or gross inexcusable negligence. contract or application already existing or pending at the time of such assumption of public office. including the Government. or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. 2. 42 . e. panel or group. Entering. prior to the assumption of office of any of the above officials to whom he is related. 5). This prohibition shall not apply to: 1. or in which he is prohibited by the constitution or by any law from having any interest. Any member of congress. or rules or regulations issued pursuant to law. from any person interested in the matter some pecuniary or material benefit or advantage. who shall intervene. privilege. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. without sufficient justification. 4) c. gift. 3. acquired by his office or by him on account of his official position to unauthorized persons. Any application filed by him. 7. or preference in the discharge of his official. 9.42 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 5. transaction. whether or not the public officer profited or will profit thereby. or pecuniary advantage from any person having some business. or material. (Sec. Causing any undue injury to any party. has been already dealing with the gov’t along the same line of business. Any act lawfully performed an official capacity or in the exercise of a profession. Knowingly approving or granting any license.

Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage. c. the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. That he accepts gifts. IV. In consideration of any offer. promise or gift 43 . Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 11). as well as upon the expiration of his term of office. it is not necessary that the officer do any act. Public officer entrusted with law enforcement b. 8) • If a public official has been found to have acquired during his incumbency. • Bank deposits in the name of or manifestly excessive expenditures incurred by the public official. That the said gifts are offered to him by reason of his office. whether in his name or in the name of other persons. 10). (if lower penalty than stated above. V. when their acquisition through legitimate means cannot be satisfactorily shown. shall be excepted from the provisions of this act (Sec. or upon his resignation or separation from office (Sec. his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year. b. Any public officer who shall fail to file a true. II. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death c. 7). In the latter case. circumstance or act to show such acceptance is not sufficient to convict the officer • There is no attempted or frustrated indirect bribery • The principal distinction between direct and indirect bribery is that in the former. That the offender is a public officer. Mere physical receipt unaccompanied by any other sign. including Christmas are liable under PD 46. an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. It is sufficient that he accepts the gift offered by reason of his office • Public officers receiving gifts and private persons giving gifts on any occasion. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan (Sec. • The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service Article 211-A • ELEMENTS OF QUALIFIED BRIBERY a. the crime is direct bribery) d. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec.43 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 f. Article 211 • ELEMENTS OF INDIRECT BRIBERY: a. III. • Properties in the name of the spouse and dependents of such public official may be taken into consideration. 14). • The gift is given in anticipation of future favor from the public officer • There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment.

directly or indirectly. Notes: a. under circumstances that will make the public officer liable for direct bribery or indirect bribery • The offender is the giver of the gift or the offeror of the promise. 1) a. If sums are received without demanding the same. b. The act may or may not be accomplished • Under PD 749. • Notes: a. He is guilty of any of the following acts or omissions: 1. b. information refers to consummated violations b. as provided by law. That he should have taken advantage of his office. for any sum of money collected by him officially. information and testimony can be corroborated on its material points e. May be complexed with malversation e. c. or (c) the adjustment or settlement of account relating to a public property or funds. However. informant has been previously convicted of a crime involving moral turpitude • See the Anti-graft and Corrupt Practices Act II. licenses. a felony under this article is not committed. if the sum is given as a sort of gift or gratification. that is. Collecting or receiving. by way of payment or otherwise. failing voluntarily to issue a receipt. When there is deceit in demanding larger fees. Officers and employees of the BIR or Customs are not covered by the article f. That the accused had intent to defraud the government. demanding. That the offender makes offers or promises or gives gifts or present to a public officer. directly or indirectly the payment of sums different from or larger than those authorized by law. things or objects of a nature different from that provided by law. The NIRC of Administrative Code is the applicable law • 44 . The public officer must act in his official capacity b. the crime is indirect bribery c. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Article 213 • ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. d. That the offers or promises are made or the gifts or presents given to a public officer. givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. the information and testimony are not yet in the possession of the State d. the crime committed is estafa d. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government • ELEMENTS OF ILLEGAL EXACTIONS: a. Mere demand of a larger or different amount is sufficient to consummate the crime. b. necessity of the information or testimony c. The essence is the improper collection (damage to gov’t is not required) b. The offender is a public officer entrusted with the collection of taxes. or 2. fees and other imposts. he intervened in the transaction in his official capacity.44 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Article 212 • ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS: a. That the offender be a public officer. or 3.

swindling) • Note: RTC has jurisdiction over the offense because the principal penalty is disqualification Article 215 • ELEMENTS OF PROHIBITED TRANSACTIONS: a. business enterprise or material possession of any person acquired by him directly or indirectly through dummies. That the offender is an appointive public officer. subordinates. c. Examples of transactions of exchange or speculation are: buying and selling stocks. 315 and 316. regularly buying securities for resale is speculation Article 216 POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER : • Who are liable: a. kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned. misuse or malversation of public funds or raids on the public treasury. (estafa. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER RA 7080 I. conversion. Through misappropriation. nominees. Guardians and executors – with respect to property belonging to their wards or the estate. Public officer – in any contract or business in which it is his official duty to intervene. That the offender is a public officer. arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval. That he becomes interested in the transaction during his incumbency. • Notes: a. c. That he becomes interested. Purchasing of stocks or shares in a company is simple investment and not a violation of the article. That he commits any of the frauds or deceits enumerated in art. and/or business associates by any combination or series of the following means or similar schemes: A. gift. in any transaction of exchange or speculation. Experts. share. c. percentage. b. b. • Notes: a. However. agencies or 45 . b.45 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Article 214 • ELEMENTS OF OTHER FRAUDS: a. b. distribution or adjudication of which they had acted. That the transaction takes place within the territory subject to his jurisdiction. land etc wherein one hopes to take advantage of an expected rise or fall in price b. Definition of Ill-gotten wealth: Any asset. C. That he takes advantage of his official position. commodities. directly or indirectly. d. B. Actual fraud is not necessary. any commission. property. directly or indirectly. agents. By receiving. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions.

theft or qualified theft) c. E. D. By taking undue advantage of official position. receiving or accepting. Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the Sandiganbayan. However. F. the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription. it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to amass. accumulates. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers) b. (it is not necessary that the offender profited thereby.46 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 instrumentalities or government-owned or controlled corporations and their subsidiaries. Any person who participated with the said public officer in the commission of plunder. V. Appropriated the funds or property 2. That he: 1. seized. IV. or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under (I) in the aggregate amount or total value of at least 50 million pesos. connection or influence to unjustly enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of the Philippines. industrial or commercial monopolies or other combinations. relationship. amasses. and/or implementation of decrees and orders intended to benefit particular persons or special interests. That those funds or property were public funds or property (even if private funds if attached. Took or misappropriated them 3. III. equity or any other form of interest or participation. business associates and subordinates or other persons. permitted any other person to take such public funds or property. through abandonment or negligence. by himself or in connivance with members of his family. MALVERSATION OF PUBLIC FUNDS OR PROPERTY Article 217 • ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY : a. II. Prescription of Crime: The crime of plunder shall prescribe in 20 years. III. That he had the custody or control of funds or property (if not accountable for the funds. B. relatives by affinity or consanguinity. By obtaining. accumulate or acquire ill-gotten wealth. Persons Liable: A. laches or estoppel. any shares of stock. authority. Any public officer who. shall be guilty of the crime of plunder (as amended by RA 7659). Consented or. Rule of Evidence: For purposes of establishing the crime of plunder. directly or indirectly. His being remiss in the duty of safekeeping public funds violates the trust reposed) • Malversation is otherwise called embezzlement • It can be committed either with malice or through negligence or imprudence 46 . By establishing agricultural. deposited or commingled with public funds) d. including the promise of future employment in any business enterprise or undertaking. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.

provincial or municipal funds. However. or misappropriating/consenting. lack of criminal intent or good faith is a defense The failure of a public officer to have any duly forthcoming public funds or property upon demand. when they have charge of national. approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence. taking.47 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • • • • In determining whether the offender is a public officer. Crime is committed by misappropriating. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. That he is required by law or regulation to render accounts to the commission on audit. when they are in conspiracy with public officers. and b. Otherwise. That he must be an accountable officer for public funds property. d. money. or converting. or to a provincial auditor. whether in the service or separated therefrom. the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government. the accountable officer is notified. he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. by any authorized officer. c. That he fails to do so for a period of two months after such accounts should be rendered. the presumption does not arise Returning the embezzled funds is not exempting. or denying having received through abandonment or negligence. revenues or property in any capacity In malversation through negligence. it is only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later. b. shall be prima facie evidence that he has put such missing funds or property to personal use. what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. his misappropriation of the same constitutes malversation A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior. • Note: Demand and misappropriation are not necessary Article 219 47 . That the offender is a public officer. goods or other personal property permitting any other person to take the public funds/property Article 218 • ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS : a. and he immediately pays the amount from his pocket. or the obligation to account for them. the missing amount is found in an unaccustomed place A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements • • • • • • • • Malversation (217) Estafa with Abuse of Confidence (315) Funds or property usually public Funds/property are always private Offender is usually a public officer who is Offender is a private individual or even a accountable for the public funds/property public officer who is not accountable for public funds/property Crime is committed by approaching. if at the very moment when the shortage is discovered.

48 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY : a. He maliciously fails or refuses to do so • Note: Penalty is based on value of funds/property to be delivered Article 222 • PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221 a. Private individual who. the funds are merely devoted to some other public use • Absence of damage is only a mitigating circumstance Article 221 • ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY a. c. That he was in connivance with the prisoner in the latter’s escape • Detention prisoner: refers to a person in legal custody. That there is public fund or property under his administration. revenue. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity 48 . Administrator or depositary of funds or property that has been attached. make payment from such funds 2. That he is charged with the conveyance or custody of a prisoner. Note: The act of leaving the Philippines must be unauthorized or not permitted by law • Article 220 • ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation): a. just remember that in illegal use of public funds or property. to deliver property in his custody or administration when ordered by competent authority 3. even if owned by a private individual • Sheriffs and receivers fall under the term “administrator” • A judicial administrator in charge of settling the estate of the deceased is not covered by the article IV. That the offender is a public officer. arrested for and charged with some crime or public offense • The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. • To distinguish this article with Art 217. have charge of any national. c. That the offender is a public officer. provincial or municipal funds. Offender has gov’t funds or property in his possession b. either detention prisoner or prisoner by final judgment. d. That such prisoner escaped from his custody d. the offender does not derive any personal gain. in any capacity. b. or property b. b. INFIDELITY OF PUBLIC OFFICERS Article 223 • ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION a. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. That such public fund or property has been appropriated by law or ordinance (without this. it is simple malversation even if applied to other public purpose). c. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. That he must be an accountable officer for public funds or property. He is under obligation to either: 1. That the offender is a public officer (on duty). seized or deposited by public authority. b.

That the prisoner or person under arrest escapes. c. whether serious or not. That the offender consents to the escape of the prisoner or person under arrest. pamphlets etc are not documents • “Papers” would include checks. either detention prisoner or prisoner by final judgment. That the said document or paper should have been entrusted to such public officer by reason of his office. Penalty based on nature of imprisonment • The article punishes a definite laxity which amounts to deliberate non-performance of a duty • The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation • The liability of an escaping prisoner: a. destroys or conceals a document or papers. d. OR DESTRUCTION OF DOCUMENTS Infidelity in custody of documents: a. • The document must be complete and one by which a right could be established or an obligation could be extinguished • Books. That such prisoner escapes through his negligence. he does not incur criminal liability (unless cooperating with the offender). That the offender is a public officer. That the conveyance or custody of a prisoner or person under arrest is confined to him. if he is a prisoner by final judgment. b. he is liable for evasion of service (art 157) b. That the offender be a public officer. CONCEALMENT. That damage. to commit any act constituting a breech of trust in the official thereof • Removal is consummated upon removal or secreting away of the document from its usual place. tamper with it b. d. c. b. promissory notes and paper money • A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers • Removal of a document or paper must be for an illicit purpose. It is immaterial whether or not the illicit purpose of the offender has been accomplished • Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose • Delivering the document to the wrong party is infidelity in the custody thereof 49 . That he abstracts. to profit by it c. periodicals. if he is a detention prisoner. Article 225 • ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER : a. That the offender is a private person (note: must be on duty) b.49 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment Article 224 • ELEMENTS OF EVASION THROUGH NEGLIGENCE: a. There is illicit purpose when the intention of the offender is to: a. to a third party or to the public interest should have been caused. or that the escape takes place through his negligence • Note: This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested Article 226 • ELEMENTS OF REMOVAL. That he is charged with the conveyance or custody of a prisoner. c. d.

be caused to the public interest. That he does not have proper authority. • ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED: a. That the offender is a public officer. That the delivery is wrongful. That the offender is a public officer. On the other hand. their removal for an illicit purpose is infidelity in the custody of documents c. or objects are entrusted to his custody. (damage is essential) • Notes: a. That he breaks the seals or permits them to be broken. great or small. • Note: Damage also not necessary Article 229 REVELATION OF SECRET BY AN OFFICER: • ELEMENTS OF PAR. Secrets of a private individual is not included c. he is not liable under this article b. c. Secret must affect public interest b. c. d. c. That the offender is a public officer 50 . If the papers contain secrets which should not be published. That the offender is a public officer. b. e. b. That damage be caused to public interest.1: BY REASON OF HIS OFFICIAL CAPACITY a. c. That he delivers those papers or copies thereof to a third person. and the public officer having charge thereof removes and delivers them wrongfully to a third person. Espionage for the benefit of another State is not contemplated by the article. That the offender is a public officer. That he is charged with the custody of papers or property. b. the crime may be espionage. d. d. documents or objects. the crime is revelation of secrets. • It is the breaking of the seals and not the opening of a closed envelope which is punished • Damage or intent to cause damage is not necessary. That any closed papers. e. d. That these papers or property are sealed by proper authority. That he knows of a secret by reason of his official capacity. That he has charge of papers. f. “Charge”: means custody or control. b. That he opens or permits to be opened said closed papers. if the papers do not contain secrets. damage is presumed Article 228 • ELEMENTS OF OPENING OF CLOSED DOCUMENTS: a.50 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • The damage may either be great or small The offender must be in custody of such documents Article 227 • ELEMENTS OF OFFICER BREAKING SEAL : a. • Notes: a. That those papers should not be published. That damage. If regarding military secrets or secrets affecting state security. documents. Damage is essential to the act committed Article 230 • ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL: a. If he is merely entrusted with the papers and not with the custody thereof. That he reveals such secret without authority or justifiable reasons.

That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. b. • Involves a request from one public officer to another • Damage to the public interest or third party is essential • Demand is necessary Article 234 • ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE: a. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. c. That he has for any reason suspended the execution of such order. That the offender is a public officer. That there is a judgment. That the offender is elected by popular election to a public office. b. • Note: Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service Article 235 • ELEMENTS OF MALTREATMENT OF PRISONERS: a. c. c. • Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required Article 232 • ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER: a. That he maltreats such prisoner in either of the following manners: 1. b. That he knows of the secret of a private individual by reason of his office. That the offender is a public officer or employee. That the offender fails to do so maliciously. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS Article 231 • ELEMENTS OF OPEN DISOBEDIENCE: a. b. e. decision or under which he is duty bound to obey. he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary V. That he reveals such secrets without authority or justification reason. That the offender is a judicial or executive officer. c. b. That he refuses to be sworn in or discharge the duties of said office. That the offender disobeys his superior despite the disapproval of the suspension. That his superior disapproves the suspension of the execution of the order. that the offender without any legal justification openly refuses to execute the said judgment. That an order is issued by his superior for execution. c. • Note: A public officer is not liable if the order of the superior is illegal Article 233 • ELEMENTS OF REFUSAL OF ASSISTANCE: a. That the offender is a public officer. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. d. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries) c. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – 51 • • • .51 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 b. d. decision or order of superior authority. That such judgment. Revelation to one person is sufficient If the offender is an attorney.

/or given the bond required by law. That he continues to exercise the duties and powers of such office. violation of neutrality g. • There must be formal or written resignation • The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing. The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner. conspiracy and proposal to commit conspiracy c. inciting to war or giving motives to reprisals f. That he formally resigns from his position. • Note: The article contemplates officers who have been suspended. treason b. That the offender is holding a public office. separated or declared over-aged or dismissed Article 238 • ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION : a. The penalty is higher.52 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 by the imposition of punishments not authorized by the regulations. piracy and mutiny on the high seas j. or by inflicting such punishments (those authorized) in a cruel and humiliating manner. c. rebellion k. inciting to rebellion n. That the law requires that he should first be sworn in and/or should first give a bond. d.That he assumes the performance of the duties and powers of such office. That the period provided by law. d. That the offender is a public officer. Article 237 • ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS: a. c. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. prosecuting or punishing any of the crimes against national security. either by election or appointment. That his resignation has not yet been accepted. espionage e. That the offender is entitled to hold a public office or employment. This involves the following crimes: a. the person arrested must be placed in jail even for just a short while Offender may also be held liable for physical injuries or damage caused   • • • Article 236 • ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE: a. flight to enemy country i. misprision of treason d. b. correspondence with hostile country h. sedition o. c. b. conspiracy and proposal to commit rebellion l. inciting to sedition 52 . conspiracy to commit sedition p. b. That he has not taken his oath of office and. regulations or special provisions for holding such office has already expired. That he abandons his office to the detriment of the public service. or 2. disloyalty to public officers m.

) makes general rules or regulations beyond the scope of his authority or (b. That he (a. b. That such person lacks the legal qualification therefor. d.) attempts to repeal a law or (c. That the offender is a public officer.53 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Abandonment of Office or Position (238) Dereliction of Duty (208) There is actual abandonment through Public officer does not abandon his office resignation to evade the discharge of but merely fails to prosecute a violation of duties. • Note: Legislative officers are not liable for usurpation of executive functions Article 241 • ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS: a. That the offender is an executive or judicial officer. b. That a proceeding is pending before such public officer. c. b. That he (a. the law. 53 . That the offender is a judge. Article 239 • ELEMENTS OF USURPATION OF LEGISLATIVE POWERS: a. That he nominates or appoints a person to a public office. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. b. That the addresses any order or suggestion to any judicial authority.) assumes a power pertaining to the executive authorities. • Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality Article 242 • ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION: a.) obstruct the execution of any order decision rendered by any judge within his jurisdiction. That he (a. c. • Note: Legislative or judicial officers are not liable under this article Article 244 • ELEMENTS OF UNLAWFUL APPOINTMENTS: a. knowing that the person recommended is not qualified is not a crime • There must be a law providing for the qualifications of a person to be nominated or appointed to a public office Article 245 • ELEMENTS OF ABUSES AGAINST CHASTITY: a. • Recommending. That he continues the proceeding. b. c.) obstructs executive authorities in the lawful exercise of their powers. Article 240 • ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS: a. e.) assumes judicial powers. That the offender is an officer of the executive branch of the government. which is not yet decided. That the offender is an executive officer. b. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. That the offender is a public officer. Article 243 • ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY: a.) suspends the execution thereof. That the offender is a public officer. or (b. or (b. That there is a question brought before the proper authority regarding his jurisdiction. That he has been lawfully required to refrain from continuing the proceeding. d.

daughter. or child. or with respect to which he is required to submit a report to or consult with a superior officer. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 3. That the deceased is killed by the accused. He has not promoted or facilitated the prostitution of his wife or daughter. or the legitimate spouse of the accused. On the other hand. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person 2. mother. or 3. CRIMES AGAINST PERSONS DESTRUCTION OF LIFE A. Notes: 1. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest. A stranger who cooperates in committing parricide is liable for murder or homicide 7. or 2.54 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 That he solicits or makes immoral or indecent advances to a woman. Article applies only when the daughter is single b. the wife. interested in matters pending before the offender for decision. 2. sister or relative within the same degree by affinity of the person in the custody of the offender The mother of the person in the custody of the public officer is not included Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse TITLE EIGHT I. or a legitimate other ascendant or other descendant. he is still liable for parricide because the law does not require knowledge of the relationship B. or that he has not consented to the infidelity of the other spouse. That such woman must be – 1. The child should not be less than 3 days old. the father. The other ascendant or descendant must be legitimate. Otherwise. Not necessary that the parent be legitimate 3. The relationship of the offender with the victim is the essential element of the felony 2. Parents and children are not included in the term “ascendants” or “descendants” 3. Notes: 1. mother or child may be legitimate or illegitimate 4. whether legitimate or illegitimate. That a person is killed. the offense is infanticide 5. That the deceased is the father. • • • • • 54 . Even if the offender did not know that the person he had killed is his son. Article does not define or penalize a felony 2. 3. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES Requisites: 1. c. Relationship must be alleged 6. ELEMENTS OF PARRICIDE: (246) 1.

or by that of parricide or infanticide. by means of motor vehicles or with the use of any other means involving great waste or ruin d. ELEMENTS OF MURDER: (248) 1. it is enough that circumstances reasonably show that the carnal act is being committed or has been committed 6. poison. The killing is not parricide or infanticide. Treachery and premeditation are inherent in murder with the use of poison D. 2. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse 4. explosion. That a person was killed. 3. in consideration of price. That the killing was not attended by any of the qualifying circumstances of murder. Otherwise. taking advantage of superior strength. fire. Murder will exist with only one of the circumstances.55 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 4. or employing means to weaken the defense or of means or persons to insure or afford impunity b. The other circumstances are absorbed or included in one qualifying circumstance. evidence of intent to kill is required only in attempted or frustrated homicide 2. even if they were not in conspiracy. That the accused had the intention to kill. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. pursuit and the killing must all form parts of one continuous act 8. with evident premeditation f. shipwreck. reward or promise c. They cannot be considered as generic aggravating circumstances 3. That the accused killed him without any justifying circumstances. with treachery. 2. which is presumed. 4. epidemic or any other public calamity e. That the killing was attended by any of the following qualifying circumstances a. Immediately thereafter: means that the discovery. escape. fall of airship. Surprise: means to come upon suddenly or unexpectedly 5. Hence. destructive cyclone. there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 55 . Notes: 1. stranding of vessel. Any of the qualifying circumstances must be alleged in the information. That a person was killed. Sexual intercourse does not include preparatory acts 7. or of an earthquake. The victim must be killed in order to consummate the offense. with cruelty. Notes: 1. The killing must be the direct by-product of the rage of the accused 9. eruption of a volcano. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony C. No criminal liability is incurred when less serious or slight physical injuries are inflicted. ELEMENTS OF HOMICIDE: (249) 1. it would be attempted or frustrated murder 2. by means of inundation. However. Otherwise. the accused is not liable. In all crimes against persons in which the death of the victim is an element. with the aid or armed men. they will only be considered as generic aggravating circumstances 4. on occasion of any of the calamities enumerated in the preceding paragraph. There is no crime of frustrated homicide through negligence 3. 3. When the wounds that caused death were inflicted by 2 different persons. each one of them is guilty of homicide 4. Moreover. derailment or assault upon a street car or locomotive. in case third persons caught in the crossfire suffer physical injuries. That the accused killed him. Intent to kill is conclusively presumed when death resulted.

That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. person/s who inflicted serious physical injuries b. The offender must shoot at another with any firearm without intention of killing him. 5. 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner. whether the suicide is consummated or not 2. it is only alarm under art 155. that the offender discharges a firearm against or at another person. 2. if it is not known who inflicted serious physical injuries on the deceased. the fetus in her womb was expelled.56 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 E. That someone was killed in the course of the affray. • Notes: 1. is not liable for abortion 3. 2. Tumultuous affray exists hen at least 4 persons take part in it 2. there is no tumultuous affray 3. all persons who used violence upon the person of the victim G. If the firearm is not discharged at a person. 6. 3. That all those who appear to have used violence upon the person of the offended party are known. Euthanasia/mk is the practice of painlessly putting to death a person suffering from some incurable disease. Lending his assistance to another to commit suicide to the extent of doing the killing himself • Notes: 1. That there be several persons. A person who attempts to commit suicide is not criminally liable 2. That the person or persons who inflicted serious physical injuries or who used violence can be identified. When there are 2 identified groups of men who assaulted each other. That it cannot be ascertained who actually killed the deceased. Persons liable are: a. 4. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. MURDER OR HOMICIDE (250) F. On the other hand. A pregnant woman who tried to commit suicide by means of poison but instead of dying. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251) 1. Penalty is mitigated if suicide is not successful I. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252) 1. A doctor who resorts to euthanasia may be held liable for murder 4. that there is a tumultuous affray as referred to in the preceding article. the act is not punished under this article 2. 2. not knowing in what part of the house the people were. that the person responsible therefor cannot be identified. 4. 3. A discharge towards the house of the victim is not discharge of firearm. Assistance to suicide is different from mercy-killing. PENALTY FOR FRUSTRATED PARRICIDE. Assisting another to commit suicide. In this case. H. the purpose of the offender is only to intimidate or frighten the offended party 56 . ELEMENTS OF DISCHARGE OF FIREARMS: (254) 1. That the offender has no intention to kill that person. the person does not want to die. Usually.GIVING ASSISTANCE TO SUICIDE: (253) • Acts punishable: 1. Notes: 1. firing a gun against the house of the offended party at random.

the fetus dies. with her consent for the purpose of concealing her dishonor. ELEMENTS OF INFANTICIDE: (255) 1. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. If the offender is any other person. Notes: 1. 2. That the abortion is caused by – a. That there is a pregnant woman who has suffered an abortion. or c. 3. or drugs or beverages administered. the proper qualification for the offense is infanticide 2. There is no infanticide when the child was born dead. 4. 3. or although born alive it could not sustain an independent life when it was killed K. In either case. either in the womb or after having been expelled therefrom. Notes: 1. That the violence is intentionally exerted. or that the accused otherwise acts upon such pregnant woman. That as a result of the use of violence or drugs or beverages upon her. 3. any of her parents. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party J. she is not entitled to a lesser penalty because she has no honor to conceal 4. That there is a pregnant woman. That violence is used upon such pregnant woman without intending an abortion. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards 5. If there is no intention to cause abortion and neither was violence exerted. either in the womb or after having been expelled therefrom. arts 256 and 257 does not apply M. or any other act of the accused. That the abortion is intended. 2. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor. The accused can only be held liable if he knew that the woman was pregnant 3. parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. with her consent. That the abortion is intended. any other person. However. the pregnant woman herself b. That as a result of the violence that fetus dies. 3. there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor 2. This is not so for art 258 57 . Notes: 1. ELEMENTS OF INTENTIONAL ABORTION: (256) 1. mother or legitimate ascendant. such fact is only mitigating 3. 4. Hence. That violence is exerted.57 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 4. In infanticide. the penalty is that for murder. ELEMENTS OF UNINTENTIONAL ABORTION: (257) 1. That there is a pregnant woman. That the deceased child was less than three days (72 hours) of age. 2. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258) 1. L. That a child was killed. he shall suffer the penalty prescribed for parricide. Unintentional abortion can also be committed through negligence 2. That the accused killed the said child. if she is a prostitute. 2. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. When the offender is the father.

If the pharmacist knew that the abortive would be used to cause abortion and abortion results. the castration must be made purposely. causes or assists in causing the abortion.e. Killing one’s adversary in a duel 2. Principals – person who killed or inflicted physical injuries upon his adversary. totally or partially. CHALLENGING TO A DUEL: (261) Acts punishable: 1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. PHYSICAL INJURIES A. other than the essential organ for reproduction. 2. of some essential organ for reproduction 2. Inflicting upon the adversary serious physical injuries 3. lopping. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side. SERIOUS PHYSICAL INJURIES: (263) How Committed 58 . ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES: (259) 1. Making a combat although no physical injuries have been inflicted Persons liable: 1. If death results. Instigators II. That the abortion is intended. Intentionally making another mutilation.58 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 N. or both combatants in any other cases 2. the penalty is the same as that for homicide P. 3.e. who must be a physician or midwife. he is liable as an accomplice O. Inciting another to give or accept a challenge to a duel 3. Accomplices – as seconds Notes: 1. That there is a pregnant woman who has suffered an abortion. What is punished is the act of dispensing an abortive without the proper prescription. That the offender. it will be considered as mutilation of the second kind 2. It is not necessary that the abortive be actually used 2. i. Mutilation is caused purposely and deliberately Notes: 1. mutilation of organs necessary for generation 2. Intentionally mutilating another by depriving him. Notes: 1. Challenging another to a duel 2. There be a castration i. Challenger 2. Otherwise. clipping off any part of the body of the offended party. MUTILATION: (262) Kinds of Mutilation 1. That said physician or midwife takes advantage of his or her scientific knowledge or skill. to deprive him of that part of the body Elements: 1. who make the selection of arms and fix all the other conditions of the fight 2. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Persons liable: 1. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260) Acts punished: 1. 4. In the first kind of mutilation. Mayhem: refers to any other intentional mutilation B.

covers any other member which is not a principal part of the body. loses the use of any such member c. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor. However. Meanwhile. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 4. Loss of use of hand or incapacity of usual work in par 2 must be permanent 7. all that is required is illness or incapacity. Otherwise. Par 2 refers to principal members of the body. Blindness requires lost of vision in both eyes. There must be no intent to kill 3. loss of one tooth which impaired appearance is a deformity 10. Loss of the index and middle fingers is either a deformity or loss of a member. the illness of the offended party may be considered as lasting more than 30 days.59 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. arm or leg b. Administering injurious substances What are serious physical injuries: 1. Assaulting 4. Mere weakness in vision is not contemplated 5. if the scar is usually covered by a dress. Loss of both outer ears constitutes deformity and also loss of the power to hear. Beating 3. Serious physical injuries may be committed through reckless imprudence or simple imprudence 2. not medical attendance 16. loses any other member of his body c. permanent and definite abnormality. becomes deformed b. Impotent should include inability to copulate and sterility 4. It must be conspicuous and visible. Injured person – a. becomes incapacitated for the work in which he had been habitually engaged 3. In determining incapacity. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body 14. The loss of 3 incisors is a visible deformity. loses the use of speech or the power to hear or to smell. Injured person – a. Loss of one incisor is not. loses an eye. In this respect. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days) Notes: 1. the injured party must have an avocation at the time of the injury. not a principal one of his body or use of the same 13. other than a principal member 8. Thus. Not curable by natural means or by nature. imbecile. Injured person becomes insane. Deformity: means physical ugliness. foot. Work: includes studies or preparation for a profession 17. Under par 4. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature 11. loss of the lobule of the ear is only a deformity 12. Loss of power to hear must involve both ears. there must be evidence of the 59 . impotent or blind 2. If the injury would require medical attendance for more than 30 days. a front tooth is considered as a member of the body. it will be considered as serious physical injuries under par 3 6. Par 3 on the other hand. a hand. loses the use thereof d. Wounding 2. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time 15. it would not be conspicuous and visible 9.

slapping but without causing dishonor) F. By any person who. under any of the circumstances mentioned in par 1 hereof. Otherwise. when the offended party is under 12 years of age or is demented. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days). or needs medical attendance for the same period of time 2. serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries C. his penis into another person’s mouth or anal orifice. Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. even though none of the circumstances mentioned above be present 2. That the offender inflicted upon another person any serious physical injury 2. ascendants. It falls under this article even if there was no incapacity but the medical treatment was for 13 days E. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. There is no incapacity if the injured party could still engage in his work although less effectively than before 19. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264) 1. threat or intimidation b. when the offended party is deprived of reason or otherwise unconscious c. That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity 3. or 60 . However. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period 2. SLIGHT PHYSICAL INJURIES: (266) 3 Kinds: 1. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265) 1. when there is manifest intent to insult or offend the injured person b. guardians. He had no intent to kill Notes: 1. Administering means introducing into the body the substance. Black-eye) 3. thus throwing of the acid in the face is not contemplated D. provided the crime is not direct assault 2. It is frustrated murder when there is intent to kill 2.60 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 length of that period. through force. RAPE (ART 355) The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3 Elements: Rape is committed 1. By a man who have carnal knowledge of a woman under any of the following circumstances: a. when there are circumstances adding ignominy to the offense c. That the physical injuries must not be those described in the preceding articles Notes: 1. by means of fraudulent machination or grave abuse of authority d. shall commit an ac of sexual assault by inserting a. when the victim is a person of rank or person in authority. Ill-treatment of another by deed without causing any injury (ex. Circumstances qualifying the offense: a. the offense will only be considered as slight physical injuries 18. when the victim is either the offender’s parents. curators or teachers d.

emotional disorder and/or physical handicap or the offended party at the time of the commission of the crime Rape committed under par 2 is punishable by: 1. statutory rape c. prision mayor 2. less than 18 yrs old and there is relationship (e. DEATH when a. when the offender knew of the mental disability. mandatory death b. by two or more persons 3. parent etc). reclusion temporal – when the victim has become insane 4. Dividing age in rape: a. a child below 7 years old g. any instrument or object. into the genital or anal orifice of another person Rape committed under par 1 is punishable by: 1. mandatory death TITLE NINE CRIMES AGAINST PERSONAL LIBERTY AND SECURITY I. the rape is attempted and a homicide is committed by reason or on the occasion thereof 3. or any law enforcement agency or penal institution. ascendant iii. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed 5. common law spouse of parent of victim c. offender. guardian v. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim h. victim under 18 years and offender is: i. The underscored words are the amendments provided by RA 8353 2. less than 12 yrs old. 61 . member of the AFP. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above Notes: 1. homicide is committed b. parent or any of the children or other relatives within the 3rd degree of consanguinity e. committed in full view of the spouse. and k. reclusion perpetua – homicide is committed by reason or on occasion of rape 6. relative by consanguinity or affinity with the 3rd civil degree or vi. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime f. or the PNP. parent ii. prision mayor to reclusion temporal a.61 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 b. less than 7 yrs old. reclusion perpetua to DEATH when a. or para-military units thereof. when the offender took advantage of his position to facilitate the commission of the crime i.g. under the custody of the police or military authorities or any law enforcement or penal institution d. use of deadly weapon or b. step-parent iv. reclusion perpetua 2. the offender knew of the pregnancy of the offended party at the time of the commission of the crime. victim suffered permanent physical mutilation or disability j. victim became insane by reason or on the occasion of rape b.

or d. that it is committed simulating public authority c. That the act of detention or kidnapping must be illegal 4. That he deliberately fails to restore the said minor to his parents E. that the he kidnapping/detention lasts for more than 3 days b. before the institution of criminal proceedings against him C. The act of detention or kidnapping must be illegal 4. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts B. ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268) 1. the detention is for some legal ground while here. or in any other manner deprives the latter of his liberty 3. Offender is any person. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted with his custody 2. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267 Note: Privileged mitigating circumstances: If the offender: a. That the purpose of the offender is to deliver him to the proper authorities 3. the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here. so either a public officer or private individual 2.62 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 A. He kidnaps or detains another or in any other maner deprives him pof his liberty / furnished place for the perpetuation of the crime 3. That in the commission of the offense. ELEMENTS OF UNLAWFUL ARREST: (269) 1. without having attained the purpose intended and c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made. female or a public officer Note: When death penalty is imposed: a. the detention is not authorized by law 4. the arrest is not authorized by law D. That the offender is entrusted with the custody of a minor person (whether over or under 7 but less than 18 yrs old) 2. In art 125. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. that the person kidnapped or detained is a minor (except if parent is the offender). That the arrest or detention is not authorized by law or there is no reasonable ground therefor Notes: 1. In art 125. He kidnaps or detains another. Offender is a private person 2. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned are present in the commission of the offense (even if none of the circumstances are present) b. any of the following circumstances are present (becomes serious) a. Refers to warrantless arrests 3. Offender is a private individual 2. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267) 1. That the offender induces a minor to abandon such home 62 . ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270) 1. That the offender arrests or detains another person 2. ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271) 1.

Inducement must be actual. 2. ELEMENTS OF ABANDONING A MINOR: (276) 1. permanent. That it is against the will of the minor. The accused can render assistance without detriment to himself. That the offender compels a debtor to work for him. d. either as household servant or farm laborer. 3. Qualifying circumstances: a. if the life of the minor was in danger because of the abandonment C. II. 2. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY. That the purpose of the offender is to enslave such human being. Mitigating if by father or mother F. 3. By failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. guardian or person entrusted with the custody of such minor. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM: (275) Acts punishable: 1. The accused fails to render assistance. deliberate. That he has no intent to kill the child when the latter is abandoned. ELEMENTS OF SLAVERY: (272) 1. when he can render such assistance without detriment to himself. the penalty is higher G. G. 2. committed with criminal intent and determined by a will to cause damage 2. That the offender purchases. unless such omission shall constitute a more serious offense Elements a. Note: Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution). b. or by failing to take him to a safe place B. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant. CRIMES AGAINST SECURITY A. That he abandons such child. That it is against the debtor’s will. By failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying. 2. 2. That the child is under seven years of age. to the authorities or to his family. under 7 whom the offender has found abandoned. That the purpose is to require or enforce the payment of a debt. By failing to deliver a child. c. unless punishable by a more serious offense 2. Notes: 1. That the offender retains a minor in his service. 4. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273) 1. Sells. Conscious. The accused found there a person wounded or in danger of dying.63 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Notes: 1. That place is not inhabited. That the offender has the custody of a child. 3. when the death of the minor resulted from such abandonment b. kidnaps or detains a human being. ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274) 1. Minor should not leave his home of his own free will 3. INDIFFERENCE OF PARENTS: (277) 63 .

compensation or promise. That he delivers said minor to a public institution or other persons. diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price. That the offender is a private person. the penalty is higher. That such entrance is against the latter’s will. physical strength or contortion. 2. Qualifying circumstance: if the offense is committed by means of violence or intimidation. By delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or. That he neglects his children by not giving them education. c. the offender being an ascendant. Prohibition is not necessary when violence or intimidation is employed by the offender 5. May be committed even by the owner (as against the actual occupant) 7. curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar. teacher or person entrusted in any capacity with the care of such child 5. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph. That his station in life requires such education and his financial condition permits it. There must be an opposition to the entry of the accused 3. By neglecting his (offender’s) children by not giving them education which their station in life requires and financial condition permits Elements: a. D. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat. the offender being engaged in any of said callings 4. 2. 3. When there is no overt act of the crime intended to be committed. That he enters the dwelling of another. the proper authorities have not consented to it. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar. rope-walker.64 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Acts punished: 1. the offender being any person Note: Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat. ELEMENTS OF EXPLOITATION OF MINORS: (278) Acts punished: 1. guardian. Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window 4. ELEMENTS OF TRESPASS TO DWELLING: (280) 1. E. this is the crime 6. Notes: 1. That the offender has charged of the rearing or education of a minor. c. in the absence of that one. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279) F. guardians. By inducing any child under 16 to abandon the home of its ascendants. b. By causing any boy or girl under 16 to perform any dangerous feat of balancing. or if the one who entrusted such child to the offender is absent. That the offender is a parent. b. the penalty is higher 2. diver. the offender being any person 2. That the one who entrusted such child to the offender has not consented to such act. gymnast. Not applicable to: 64 . without the consent of the proper authorities Elements: a. rope-walker. or wild-animal tamer or circus manager or engaged in a similar calling 3.

honor or property that of his family of any wrong amounting to a crime and demanding money or imposing any other condition. 3. Frustrated – if not received by the person being threatened 3. or upon that of the latter’s family. 2. honor or property. That such wrong amounts to a crime. That the offender attains his purpose. That the trespasser has not secured the permission of the owner or the caretaker thereof. that he has not attained his purpose Art 284 bond from good behavior may be imposed Notes: 1. That the offender threatens another person with the infliction upon the latter’s person. b. d. the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide G. That the entrance is made while either of them is uninhabited. 3. even though not unlawful 4. That the wrong does not constitute a crime. That such wrong amounts to a crime. tavern etc while open 8. c. 2. By threatening another with the infliction upon his person. place is a café. ELEMENTS OF OTHER LIGHT THREATS: (285) 1. even though not unlawful and the offender (Note: threat is with condition) Elements a. That the threat is not subject to a condition Notes: 1. That the offender enters the closed premises or the fenced estate of another. of any wrong. That the offender has attained his purpose or. honor or property. the threat not being subject to a condition (Note: threat is without condition) Elements a. That the offender threatens another person with the infliction upon the latter’s person.65 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 a. The wrong does not amount to a crime J. That there is a demand for money or that any other condition is imposed. H. the occupants or a third person b. That there is a demand for money or that other condition is imposed. ELEMENTS OF LIGHT THREATS: (283) 1. GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282) Acts punishable: 1. ELEMENTS OF OTHER FORMS OF TRESPASS: (281) 1. b. purpose is to render some service to humanity or justice c. By making such threat without the offender attaining his purpose 3. entrance is for the purpose of preventing harm to himself. (only in these offenses) 2. he had no intent to kill any person inside. honor or property or that of his family of any wrong amounting to a crime. By threatening another with the infliction upon his person. That the offender makes a threat to commit a wrong. but the intention to kill came to his mind when he was being arrested by the occupants thereof. Art 284 bond from good behavior may be imposed (only in these offenses) I. of any wrong. Medina case: when the accused entered the dwelling through the window. 2. or upon that of the latter’s family. c. That the prohibition to enter be manifest. or draw weapon in a quarrel unless in self-defense. 4. Person shall threaten another with a weapon. BOND FOR GOOD BEHAVIOR: (284) K. 65 . Aggravating circumstances: if made in writing or thru a middleman 2. even though not unlawful.

2. That the person that restrained the will and liberty by another had not the authority of law or the right to do so. 1 1. That he seizes anything belonging to his debtor. In the heat of anger. Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a 3rd person. strike of laborers or lockout of employees. Person orally threatens another with harm not constituting a felony. That the purpose is to organize. N. ELEMENTS OF LIGHT COERCIONS: (287) That the offender must be a creditor. 4. That he or such firm or corporation has employed laborers or employees. 3. M. be it right or wrong. That those tokens or objects are other than the legal tender currency to the Philippines. That the offender is a private individual or even a public officer not in the exercise of his official function. person orally threatens another with some harm constituting a crime. 3. 1. directly or indirectly. 2 1. in other words. agent or officer of any association or corporation. MAINTENANCE. ELEMENTS OF FORMATION. 2. maintain or prevent coalitions of capital or labor. 3. Notes: 1. 4. 3. Contents need not be secret but purpose prevails 3. That the offender employs violence or threats. DISCOVERY AND REVELATION OF SECRETS A. That the purpose of the offender is to apply the same to the payment of the debt. 2. That offender is informed of the contents or the papers or letters seized. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work 2. ELEMENTS OF OTHER SIMILAR COERCIONS: (288) ELEMENTS OF NO. 3. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects. O. That he forces or compels. That he seizes the papers or letters of another. L. That a person prevented another from doing something OR not to do something against his will. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291) 66 . ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290) 1. or knowingly permits to be forced or compelled. III. Subsequent acts did not persist.66 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 2. of force as would produce intimidation and control the will. Not applicable to parents with respect to minor children 2. That the prevention or compulsion be effected by violence. That the offender is any person. without persisting in the idea involved in the threat. 2. 3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects. any of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation. ELEMENTS OF NO. 2. AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS: (289) 1. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. ELEMENTS OF GRAVE COERCIONS: (286) 1. or. the penalty is higher B. that the restraint shall not be made under authority of law or in the exercise of any lawful right. That the purpose is to discover the secrets of such another person.

2. That the offender is a manager. legal possession is sufficient 2. Taking must not be under the claim of title or ownership 8. promises some future harm or injury Grave coercion None Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong) Robbery Bribery X didn’t commit crime but is intimidated to X has committed a crime and gives deprive him of his property money as way to avoid arrest or 67 . employee or servant. 2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. That there is unlawful taking of that property. and 4. if given in trust – estafa 4. 3. As to robbery with force upon things – thing must be taken out of the building 6. the unlawful taking is complete 5. That the offender reveals such secrets. 2. Use of force upon things – entrance to the building by means described in arts 299 and 302 (offender must enter) 13. That he reveals such secrets. That there is violence against or intimidation of any person. TITLE TEN I. General rule: violence or intimidation must be present before the “taking” is complete 11. Taking of personal property – must be unlawful. As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same. Violence or intimidation must be against the person of the offended party. 3. When both violence or intimidation and force upon things concur – it is robbery with violence Robbery with violence Intent to gain Immediate harm Grave threats No intent to gain Intimidation. C. That there be personal property belonging to another. When there’s no intent to gain but there is violence in the taking – grave coercion 9. CRIMES AGAINST PROPERTY A. Except: when violence results in – homicide. Belonging to another – person from whom property was taken need not be the owner. ELEMENTS OF ROBBERY IN GENERAL: (293) 1. That the offender is a person in charge. not upon the thing 10. That the prejudice is caused to the owner. the taking of the property is robbery complexed with any of these crimes under art 294. 4.67 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. Intent to gain – presumed from unlawful taking 7. That the taking must be with intent to gain. or force upon anything. Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide 3. rape. Notes: 1. intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263. 3. That he learns the secrets of his principal or master in such capacity. employee or workman of a manufacturing or industrial establishment. even if taking is already complete when violence was used by the offender 12. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292) 1.

arm. imbecile. Must be alleged in the information 2. or d. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity. or e. by entering the passenger’s compartments in a train. highway or alley and the intimidation is made with the use of firearms. Prosecution of the crime need not be by offended party – fiscal can sign the information. on a street. > 30 days 5. robbery with homicide – if original design is robbery and homicide is committed – robbery with homicide even though homicide precedes the robbery by an appreciable time. SPI – lost the use of speech. by a band or c. leg. rape or SPI under par 1 of art 263 D.00 with threats of arrest and prosecution. foot. robbery because (a) intent to gain and (b) immediate harm B. or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days. road. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. use of any such member. robbery with rape – intent to commit robbery must precede rape. rape should be considered as aggravating only and the crime is still robbery with homicide c. 4 and 5 of Art 294 is committed: a. therefore. hand. robbery accompanied with rape or intentional mutilation. hear. the offender shall be punished by the max period of the proper penalties prescribed in art 294 C. ROBBERY BY A BAND: (296) Notes: 1. or in any manner taking the passengers thereof by surprise in the respective conveyances. street car. smell. Art 295 will not apply to: robbery w/ homicide. SPI – insane. robbery with intimidation – acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed 2. defendant demands payment of P2. More than 3 armed malefactors 2. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294) Acts punished as robbery with violence against or intimidation of persons By reason or on occasion of the robbery. impotent or blind 3. if any of the offenses defined in subdivisions 3. homicide 2. b. special complex crimes (specific penalties prescribed) a. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident.68 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 prosecution Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary Neither Transaction is voluntary and mutual Ex. Liability for the acts of the other members of the band 68 . qualifying circumstances in robbery with violence or intimidation of persons. motor vehicle or airship. When rape and homicide co-exist. eye. in an uninhabited place or b. by attacking a moving train. Can’t be offset by generic mitigating 3. the following are committed: 1. Any kind of robbery with less serious physical injuries or slight physical injuries Notes: 1. incapacitated for work habitually engaged in 4. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295) Notes: 1.

Where offense committed is attempted or frustrated robbery with serious physical injuries – article 48 is applicable F. Rule: outside door. E. By using false keys. 2. Notes: 1. That the offender entered (a) an inhabited house. or (c) edifice devoted to religious worship. 3. P v. or deliver any public instrument or document. By using any fictitious name or pretending the exercise of public authority. not car 8. Theft – if lock is merely removed or door was merely pushed 11. d. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP: (299) 1. Picklocks – specially made. it’s robbery by violence and intimidation against persons 14. Through an opening not intended for entrance or egress. penalty is the same 2. roof.69 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 a. 6. 2. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298) 1. Public building – every building owned. rented or used by the government (though owned by private persons) though temporarily vacant 9. 3. adopted for commission of robbery 13. By breaking any wall. Outside door must be broken. False key – used in opening house and not furniture inside. Place: house or building. he did not attempt to prevent the assault Conspiracy to commit robbery with homicide – even if less than 4 armed men Conspiracy to commit robbery only but homicide was committed also on the occasion thereof – all members of the band are liable for robbery with homicide Conspiracy is presumed when 4 or more armed persons committed robbery Unless the others attempted to prevent the assault – guilty of robbery by band only 3. execute. other members of the band committed an assault d. Gen. 5. etc. or (b) public buildings. ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies. Lamahang – intent to rob being present is necessary 7. That the entrance was effected by any of the following means: a.) 2. Key – stolen not by force. Whether robbery is attempted or frustrated. Includes dependencies (stairways. That the offender compels him to sign. otherwise. not to get out but to enter – therefore. the offender took personal property belonging to another with intent to gain. or floor or breaking any door or window. hallways. False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock 12. picklocks or similar tools or. Inhabited house – any shelter. must be broken and not just opened) 15. he was a member of the band b. NO ROBBERY 5. otherwise. Entrance is necessary – mere insertion of hand is not enough (whole body). theft (for latter to be robbery. That once inside the building. it is necessary that offender enters the building or where object may be found. barns.. Exception: inside door in a separate dwelling 69 . Important for robbery by use of force upon things. corals. G. smashed. 4. NO ENTRY. he was present at the commission of a robbery by that band c. That the offender has intent to defraud another. 4. courts. LANDS FOR CULTIVATION. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297) Notes: 1. c. b. That the compulsion is by means of violence or intimidation. etc. NOT INCLUDED – ORCHARD. evidence to such effect is necessary 6. 3. Not robbery – passing through open door but getting out of a window 10.

by the breaking of doors. no need to open – already consummated robbery 5. Uninhabited place – is an uninhabited building (habitable. warehouse. by taking such furniture or objects away to be broken or forced open outside the place of the robbery. that any of the following circumstances was present: a. c. pretending to be police to be able to enter (not pretending after entrance) ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. That with intent to gain the offender took therefrom personal property belonging to another. 2. b. Notes: 1. or any other kind of locked or sealed furniture or receptacle. regardless of the circumstances under which he entered it 2. even if the same be broken open elsewhere. That entrance was effected through an opening not intended for entrance or egress. not any of the 3 places mentioned) 3. granaries or enclosed places: a. Breaking of padlock (but not door) is only theft 6. having an interior entrance connected therewith c. chests. Ex. That the offender is inside a dwelling house. WHAT IS AN UNINHABITED HOUSE. chest. Estafa – if box is in the custody of acc 6. A wall. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302) 1. not a public building. dependencies – are all interior courts. E. or not an edifice devoted to religious worship. floor. roof. The entrance was effected through the use of false keys. which form part of the whole 2. or b. When sealed box is taken out for the purpose of breaking it. warehouses. freight car. public building. Entrance ( no matter how done) 2. wardrobes. wardrobe. under any of the following circumstances. 3. False keys – genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened 70 . A closed or sealed receptacle was removed. Garage – must have 3 requirements.70 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 16. Second kind of robbery with force upon things 2. or any sealed or closed furniture or receptacle was broken or e. Notes: 1. That the offender takes personal property belonging to another with intent to gain. d. A door. Destruction of keyhole of cabinet is robbery here 4. 299 1. picklocks or other similar tools. Exception: pigsty 4. Exception: does not include use of fictitious name or pretending the exercise of public authority 5. store. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300) I. or outside door or window was broken. or edifice devoted to religious worship. Exception: orchards/lands J. Theft – if box found outside and forced open H. contiguous to the building b. PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301) Notes: 1. a. That the offender entered an uninhabited place or a building which was not a dwelling house. Same manner as 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in 299. Offender may be servants or guests 3.g. corrals.

If key was entrusted and used to steal. ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307) That there is a band of brigands. 2. On any Phil hi-way III. not necessarily in hi-way Mere formation of a band for If the purpose is to commit a part robbery the above purpose Necessary to prove that band actually committed robbery B. c. 3. Robbery in highway b b. etc. ELEMENTS OF THEFT: (308) 71 . FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING: (303) L. That such picklocks or similar tools are specially adopted to the commission of robbery. PD 532 – brigandage. That the offender does not have lawful cause for such possession.71 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 K. 2. (b) extortion or other unlawful purpose. he gives them information of the movements of the police or other peace officers of the government or c. BRIGANDAGE: (306) Brigands – more than three armed persons forming a band Purpose: a. ROBBERY OF CEREALS. Note: Actual use of the same is not necessary M. (c) taking away of property by violence or intimidation or force upon things or other unlawful means 2. BRIGANDAGE A. Seizure of any person for: (a) ransom. 1. or b. 3. Any key other than those intended by owner for use in the lock forcibly opened by the offender Notes: 1. Kidnapping for extortion or ransom. Committed by any person 3. Notes: 1. He acquires or receives the property taken by such brigands. Picklocks. Any other purpose to be obtained by means of force and violence. THEFT A. Possession of false keys here not punishable 2. ELEMENTS OF FALSE KEYS: (305) 1. 3. That the offender has in his possession picklocks or similar tools. That the offender knows the band to be of brigands. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304) 1. That the offender does any of the following acts: a. Presumption of Brigandage: a. Genuine key stolen from owner. 2. possession of any kind of arms (not just firearm) BRIGANDAGE ROBBERY IN BAND Purposes are given Only to commit robbery. he in any manner aids. if members of lawless band and possession of unlicensed firearms (any of them) b. abets or protects such band if brigands. not robbery (not stolen) II.

. inspector misreads meter to earn b. prior to this. Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i. joyride) 72 .g. one using a jumper 7. Finder in law is liable 3. Persons liable: 1. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take d) personal property e) of another f) without the latter’s consent 2. Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner. Selling share of co-partner is not theft 8. Gain is not just Php – satisfaction. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the damage caused by them Note: Killing of cattle of another which destroyed his property and getting meat for himself 4. cereals or other forest or farm products Notes: 1. without the consent of its owner c) hunts or fish upon the same or gather fruits. Espiritu – full possession is enough 3. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). it is actually taken by him (no intent to return) e.72 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. by contract of bailment 6. pleasure desired. That said property belongs to another. therefore must exclude “joyride” 5. 4. But it is estafa if juridical possession is transferred e.g. Retention is failure to return (intent to gain) 2. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner Notes: 1. use. 3. Theft: if after custody (only material possession) of object was given to the accused. P v. 2. That there be taking of personal property. Retention of money/property found is theft. taking of Php is theft 9. That the taking be done without the consent of the owner. 5. Knowledge of owner is not required.e. Salary must be delivered first to employee. That the taking be done with intent to gain. Otherwise. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and. If in bad faith – theft) 10. Servant using car without permission deemed qualified theft though use was temporary 4. knowledge of loss is enough 3. felonious conversion. Includes electricity and gas a. the control test 2. P v. If offender claims property as his own (in good faith) – not theft (though later found to be untrue. any benefit (e.g.

4. or 2. theft of large cattle E. ETC. FISHING OR GATHERING FRUITS. or 4. 226 11. guards. mail matter c. “grave abuse” – high degree of confidence e. 3.g. B. Committed by domestic servant. no confidence. NO. 2. Not postmaster – Art. That there is intent to gain. With grave abuse of confidence. IN ENCLOSED ESTATE (PAR. ELEMENTS OF QUALIFIED THEFT: (310) 1. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY: (312) 1. qualified: if done by one who has access to place where stolen property is kept e. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another. theft – material possession’ estafa – juridical possession 4. his absconding is QT 8. ART.3. cereals or other forest or farm products. That the offender enters the same.73 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 11. That the offender hunts or fishes upon the same or gathers fruits. large cattle d. (309) D. Motor vehicle not used as PU in kabit system but under K of lease-estafa 10. guests 2. qualified C. industrial partner is not liable for QT (estafa) 7. mail matter – private mail to be QT. and 4. 2. ELEMENTS OF HUNTING. fish from fishpond or fishery. USURPATION A. That the real property or real rights belong to another. or 3.PENALTIES FOR QUALIFIED THEFT.g. That the hunting or fishing or gathering of products is without the consent of the owner. see carnapping law: RA 6539 9. Note: Fish not in fishpond. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (311) IV. when accused considered the deed of sale as sham (modus) and he had intent to gain. That the offender takes possession of any real property or usurps any real rights in property. coconut from plantation e. Property stolen is: a. not qualified theft 3. Notes: 1. Actual gain is not necessary (intent to gain necessary) Allege lack of consent in info is important B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313) 73 . 3. motor vehicle b. motor vehicle in kabit system sold to another-theft. On occasion of calamities and civil disturbance.. 12. otherwise. 308) 1. novation theory applies only if there’s a relation 6. tellers 5.

or on commission.74 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. 2. or any other marks intended to designate the boundaries of the same. That money. That there be misappropriation or conversion of such money or property by the offender. existing obligation to deliver – even if it is not a subject of lawful commerce c. or under any other obligation involving the duty to make delivery of or to return. 3. same thing received must be returned otherwise estafa. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. VI. SWINDLING AND OTHER DECEITS A. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa c. the same. C. Misappropriating – to take something for one’s own benefit 74 .) by abuse of confidence. That the offender is a debtor. or dental on his part of such receipt. or (b) or means of deceit and 2. thing is received by offender under transactions transferring juridical possession. That the offender has an onerous obligation to deliver something of value. V. 3. 2. ART.1. sale on credit by agency when it was to be sold for cash – estafa d. 3. CULPABLE INSOLVENCY A. or estates. or quality. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency) 1. That the accused defrauded another (a. By denying that the thing was received. goods. Unfaithful or Abuse of Confidence a. SUBDIVISION N0. (B). 315 = 3 WAYS OF COMMITTING: 1. no agreement as to quality – No estafa if delivery is unsatisfactory 2.1 PAR. 2. 2. That the offender alters said boundary marks. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person B. By misappropriating and converting a. that is. ELEMENTS OF ESTAFA IN GENERAL: (315) 1. Estafa – not affected by Novation of Contract because it is a public offense e. quantity. That he alters its substance. 2.315 1. That there be prejudice to his creditors. By misappropriating the thing received. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B). That there is a demand made by the offended party to the offender. By converting the thing received. That he absconds with his property. Notes: 1. D. OF ART. or other personal property be received by the offender in trust. by altering the substance b. thing delivered has not been fully or partially paid for – not estafa c. That there be boundary marks or monuments of towns. 3. he was obligations due and payable. That damage or prejudice is caused to another. or for administration. provinces. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315) 1. not ownership b. that such misappropriation or conversion or dental is to the prejudice of another and 4.

That such false pretense. upon delivery of the thing to the offender. That as a result thereof. domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft 3. There must be prejudice to another – not necessary that offender should obtain gain i. That the paper with the signature of the offended party be in blank. or causes damage to. Note: If the paper with signature in blank was stolen – Falsification if by making it appear that he participated in a transaction when in fact he did not so participate F. That above the signature of the offended party a document is written by the offender without authority to do so. 3. fraudulent act. misappropriating E. Estafa m. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315) 1. fraudulent means must be made or executed prior to or 2. BUT if property is received for specific purpose and is misappropriated – estafa! j. or issued a check in payment of an obligation. False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the thing by the complainant 2. 3. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315) 1. or public officer not accountable Committed by misappropriating. fraudulent act. the offended party or any third person. There must be evidence that the pretense of the accused that he possesses power/influence is false G. When in the prosecution for malversation the public officer is acquitted.75 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 g. that is. 2. or fraudulent means. In theft. That the document so written creates a liability of. Failure to account after the DEMAND is circumstantial evidence of misappropriation k. or fraudulent means. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued. DEMAND is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. that there must be a false pretense. the offended party suffered damage. the private individual allegedly in conspiracy with him may be held liable for estafa ESTAFA WITH ABUSE OF CONFIDENCE Offenders are entrusted with funds or property and are continuing offenses Funds: always private Offender: private individual. 75 . fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. That the offender postdated a check. Converting – act of using or disposing of another’s property as if it was one’s own. Notes: 1. That the offended party must have relied on the false pretense. converting. denying having received money MALVERSATION offenders are entrusted with funds or property and are continuing offenses Funds: public funds or property Offender: public officer accountable for public funds Committed by appropriating. he was induced to part with his money or property because of the false pretense. the owner expects an immediate return of the ting to him – otherwise. That the offended party should have delivered it to offender. thing has been devoted for a purpose or use different from that agreed upon h. 4. Servant. taking. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: (315) 1. 4.

DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form of estafa) 76 . or would have been dishonored for the same reason had not the drawee. That the offender induced the offended party to sign a document. RESTAURANTS ETC. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315) 1. CONCEALING OR DESTROYING DOCUMENTS: (315) 1. That the check is dishonored by the drawee bank. That the offender removed. 2. Note: If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification.estafa L. That deceit be employed to make him sign the document. 2. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. 4. No funds in the bank or his funds are not sufficient 4. INNS. VILLAPANDO. K. 56 PHIL. Note: No intent to defraud – destroying or removal = malicious mischief M.31) 2. 4. That the check is made or drawn and issued to apply on account or for value. Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency I. 3. 3. concealed or destroyed any of them. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22 1. Notes: 1. ordered the bank to stop payment. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after notice of. good faith is a defense. If check was issued in payment of pre-existing debt – no estafa 5. That prejudice be caused.76 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 2. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22 1. 2. That there be court records. Note: Failure to make good within 5 banking days prima facie evididence of knowledge of lack and insufficiency J. That such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. Offender must be able to obtain something from the offended party by means of the check he issues and delivers 6. 3. but where the accused made representation to mislead the complainants as to the character of the documents . office files. VS. That the offended party personally signed the document. 3. 3. ELEMENTS OF ESTAFA BY REMOVING. BY OBTAINING FOOD OR CREDIT AT HOTELS. without any valid reason. That the offender had intent to defraud another. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. 2. That a person makes or draws and issues any check. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. documents or any other papers. If postdating a check issued as mere guarantee/promissory note – no estafa H. (PP.

or (b) made before the cancellation of his bond. That such sale. N. 2. 2. That the offender takes advantage of the inexperience or emotions or feelings of a minor. 6) BY SELLING. whether the encumbrance is recorded or not. That he sells. or (c) before being relieved from the obligation contracted by him. MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS SURETY: (316) 1. That the act of disposing of the real property be made to the damage of another. 2. That he guaranteed the fulfillment of such obligation with his real property or properties. ELEMENTS OF SWINDLING A MINOR: (317) 1.77 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF. ELEMENTS OF SWINDLING (PAR. 2. That the transaction is to the detriment of such minor. that the thing disposed of be real property. 3. 4. mortgages. encumbering or mortgaging the real property). P. ELEMENTS OF SWINDLING (PAR. That the offender wrongfully takes it from its lawful possessor. That the offender is the owner of personal property. in any other manner encumbers said real property. SELLING. 3. That prejudice is thereby caused to the possessor or third person. Disturbance in property right or 3. 2. mortage or encumbrance is (a) without express authority from the court. 4. 2. ENCUMBERING. That the offender should have executed an act of ownership (selling. 3. 3. 4. ESTAFA Private individual was entrusted Intent to defraud INFIDELITY IN THE CUSTODY OF DOCUMENTS Public officer entrusted No intent to defraud O. leasing.: 1. OR MORTGAGING ANY REAL PROPERTY.1) BY CONVEYING. such as a parcel of land or a building. That the offender who is not the owner of said property represented that he is the owner thereof. ELEMENTS OF SWINDLING (PAR. The offender party being deprived of his money or property. That the consideration is (a) some loan of money (b) credit or (c) other personal property.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316) 1. ELEMENTS OF SWINDLING (PAR. ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (316) 1. That there must be express representation by the offender that the real property is free from encumbrance. 3. 77 . That said personal property is in the lawful possession of another. That the act be made to the prejudice of the owner or a third person. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE. That he induces such minor (a) ro assume an obligation. That the offender knew that the real property was encumbered. Temporary prejudice. as a result of the defraudation. That the offender is a surety in a bond given in a criminal or civil action. Q. or (c) to execute a transfer of any property right. 4. or (b) to give release. PRETENDING TO BE THE OWNER OF THE SAME: (316) 1. 4. or. R. That the thing be immovable.

taking up rails from the railway track g. but PD 1744 revived Art 320) A. That the offender. That the destruction was done by means of: a. or (c) the thing burned is a building in an inhabited place 78 . forecast. ELEMENTS OF CRIME INVOLVING DESTRUCTION 1. destroying telegraph wires and posts or those of any other system h. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (319) 1. future-telling for profit or gain. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (319) 1. ELEMENTS OF ARSON 1. inundation d. who is the mortgagee of such property. discharge of electric current c. VII. 2. interpretation of dreams. That the offender knows that such property is so mortaged. that the removal is permanent. That the property belonging to another was burned or destroyed D. other similar effective means of destruction C. 3. 3. VIII. not mentioned above. sells or pledges the same or any part thereof. 2. ELEMENTS OF OTHER DECEITS: (318) 1.78 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 S. barn. That personal property is already pledged under the terms of the chattel mortgage law. damaging the engine of the vessel f. That the offender causes destruction of the property 2. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. 4. That the purpose of the offender in doing so was to commit arson or to cause a great destruction 3. B. sinking or stranding of a vessel e. That the offender set fire to or destroyed his own property 2. 5. CHATTEL MORTGAGE A. administration or assigns to such removal. ELEMENTS OF BURNING ONE’S PROPERTY AS A MEANS TO COMMIT ARSON 1. That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b) prejudice is actually caused. explosion b. 3. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES That an uninhabited hut. 2. shed or any other property is burned That the value of the property burned does not exceed 25 pesos That the burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading B. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS (Note: PD 1613 expressly repealed or amended Arts 320-326. That the property burned is the exclusive property of the offender 2. 1. That there is no written consent of the mortgagee or his executors. that personal property is mortgaged under the chattel mortage law. storehouse. 2.

none – art 48 5. Example. removing rails from tracks is destruction (art 324) 3. 3. Obstruct performance of public functions. telegraph. Notes: 1. Damage is not incident of a crime (breaking windows in robbery) B. traction cables. archive. Spouse. Using poisonous or corrosive substances. scattering human excrement b. That the offender deliberately caused damage to the property of another. Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate. ascendants and descendants or relatives by affinity in the same line 2. That such act does not constitute arson or other crimes involving destruction. Not included in 328 a. ELEMENTS OF DESTROYING OR DAMAGING STATUES. Killing the cow as revenge 4. registry. collision or other accident – a higher penalty shall be imposed E. Damage is also diminution in value 6. killing of cow as an act of revenge D. Theft 2. That the act damaging another’s property be committed merely for the sake of damaging it. promenade. road. if living together Offenses involved in the exemption 1. If no malice – only civil liability 5. MALICIOUS MISCHIEF A. ELEMENTS OF MALICIOUS MISCHIEF: (326) 1. revenge or other evil motive 2. circumstance qualifying the offense if the damage shall result in any derailment of cars. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (332) Persons exempt from criminal liability 1. murder – if derailment is means of intent to kill b. waterworks. ELEMENTS OF OTHER MISCHIEF: (329) 1. But after damaging the thing. telephone lines. electric wires. or any other thing ised in common by the public. Swindling 79 . Brothers and sisters and brothers-in-law and sisters-in-law. done by damaging railways.79 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 IX. PUBLIC MONUMENTS OR PAINTINGS: (331) F. Spreading infection or contagious among cattle. he used it = theft 7. 2. 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. signal system of railways 2. Note: Qualified malicious mischief – no uprising or sedition (#1) C. not applicable when telegraph/phone lines don’t pertain to railways (example: for transmission of electric power/light) 4. 3. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF COMMUNICATION: (330) Notes: 1. SPECIAL CASES OF MALICIOUS MISCHIEF: (328) 1. people killed as a result: a. Damage to property of national museum or library. No negligence 3. 4.

) 2. 2. Cohabiting with her in any other place. when the offended party is deprived of reason or otherwise unconscious. That as regards the man with whom she has sexual intercourses. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337) Two classes of qualified seduction: 1. That he committed any of the following acts: a. persons in public authority 80 . c. mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) 2. by using force or intimidation. Note: “Scandal” consists in any reprehensible word/deed that offends public conscience. Persons exempt include: a. 3. Malicious mischief Notes: 1. That the offender has sexual intercourse with her. D. Seduction of a sister by her brother or descendant by her ascendant. Notes: 1. attempted: caught disrobing a lover B. ELEMENTS OF ADULTERY: (333) 1. Parties to the crime not related to the offended party still remains criminally liable 3. That there is abuse of authority. ELEMENTS OF CONCUBINAGE: (334) 1. regardless of her age or reputation (incestuous seduction) Elements: 1. common law spouse (propert is part of their earnings) TITLE ELEVEN CRIMES AGAINST CHASTITY A. 4. Seduction of a virgin over 12 and under 18 years of age by certain persons. That the offended party is another person of either sex. That the offended party is a virgin. That she must be over 12 and under 18 years of age. Keeping a mistress in the conjugal dwelling. teachers etc and 2. confidence or relationship on the part of the offender ( person entrusted with education or custody of victim. he must know her to be married. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336) 1. such as a person in authority. priest. That the man must be married. Those who abuse their authority: a. That she has sexual intercourse with a man not her husband.80 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 3. 2. redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin C. concubine/paramour (spouse) d. 3. That as regards the woman she must know him to be married. That it is done under any of the following circumstances: a. servant) Persons liable: 1. Exemption is based on family relations 2. or b. person in public authority. or c. 3. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. which is (presumed if she unmarried and of good reputation. 3. when the offended party is under 12 years of age. stepfather/mother (ascendants by affinity) b. b. That the offender commits any act of lasciviousness or lewdness. adopted children (descendants) c. That the woman is married (even if marriage subsequently declared void) 2. priest.

acts of lasciviousness. or a sister or descendant regardless of her reputation or age. That the taking away of the offended party must be with lewd designs. That the person abducted is any woman. That she must be over 12 and under 18 years of age. 2. regardless of her age. priest b. That the offended party is over 12 and under 18 years of age. 3. that the offender accomplishes the acts by abuse of authority. Engaging in the business of prostitution 2. ELEMENTS OF CONSENTED ABDUCTION: (343) 1. confidence. that the offender commits acts of lasciviousness or lewdness. That the taking away of the offended party must be with her consent. or reputation. G. 3. Enlisting the servicxe of women for the purpose of prostitution I. ELEMENTS OF SIMPLE SEDUCTION: (338) 1. civil status. relationship. Profiting by prostitution 3. 4. 2. PROSECUTION OF ADULTERY. after solicitation or cajolery from the offender. in any capacity. That the acts are committed upon a woman who is virgin or single or widow of good reputation. Note: common form is unconditional promise to marry F. 2. 4. That it is committed by means of deceit. 3. forcible abduction J. brother who seduced his sister b. qualified seduction of sister/descendant. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse 81 . is entrusted with the education or custody of the woman seduced Those who abused the confidence reposed in them: a. ELEMENTS OF CORRUPTION OF MINORS: (340) Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another H. guardian c. 2. SEDUCTION. That she must be of good reputation. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339) 1. That the abduction is against her will. under 18 years of age but over 12 years. That the abduction is with lewd designs. ELEMENTS OF WHITE SLAVE TRADE: (341) Acts penalized 1. That the offender has sexual intercourse with her. 3. ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344) 1. CONCUBINAGE.81 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 b. person who. teacher d. That the offended party must be a virgin. 3. ELEMENTS OF FORCIBLE ABDUCTION: (342) 1. E. house servant c. K. single or widow. or deceit. domestic Those who abused their relationship: a. Note: Sexual intercourse is NOT necessary Crimes against chastity where age and reputation of victim are immaterial: rape. ascendant who seduced his descendant 2.

But marriages must be in good faith. the absent spouse could not yet be presumed dead according to the civil code. 2. in case his or her spouse is absent. ELEMENTS OF BIGAMY: (349) 1. The child must be legitimate 2. by her parents c. abduction. USURPATION OF CIVIL STATUS: (348) Notes: Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto Committed by asuming the filiation. AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347) Acts Punished: 1. That the second or subsequent marriage has all the essential requisites for validity. Simulation of births 2. Substitution of one child for another 3. 2. accessories-after-the-fact. guardians in the order in which they are named above Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. 1. This rule does not apply in case of multiple rape L. The offender conceals or abandons such child 3. rape or acts of lasciviousness must be prosecuted upon complaint signed by: a. The offender has the intent to cause the child to lose its civil status Elements of Simulation of Birth 1. Child is baptized or registered in the Registry of birth as hers 2. That the offender has been legally married. This applies as well to the accomplices. To idemnify the offended women 2. That the marriage has not been legally dissolved or. CIVIL LIABILITY OF PERSONS GUILTY OF RAPE. SIMULATION OF BIRTHS. Seduction. In every case to support the offspring M.82 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 2. or the parental or conjugal rights of another Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs C. 4. SEDUCTION OR ABDUCTION (345) 1. unless the law should prevent him from doing so 3. 4. 82 . SUBSTITUTION OF ONE CHILD FOR ANOTHER. To acknowledge the offspring. offended party b. Child loses its real status and acquiires a new one 3. grandparents d. 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation B. That he contracts a second or subsequent marriage. 3. OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346) TITLE TWELVE CRIMES AGAINST THE CIVIL STATUS OF PERSONS A. LIABILITY OF ASCENDANTS.

That the offender contracted marriage. 2. Publication is the communication of the defamatory matter to some third person/s 5. There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage 4. 4. real or imaginary. discredit or contempt of a natural or juridical person. commission. if she was pregnant at the time of his death 2. 5. Malice is presumed to exist in injurious publications 4. or to blacken the memory of one who is dead 2. That the imputation must be directed at a natural or juridical person. That it must be malicious. That he knew at the time that a. Notes: 1. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses 7. A judicial declaration of the nullity of a marriage void ab initio is now required 6. status or circumstances tending to cause the dishonor. real or imaginary or any act. got married or before her delivery. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350) 1. The marriage was in disregard of a legal impediment. ELEMENTS OF PREMATURE MARRIAGE: (351) Acts punished: 1. status. omission. married before her delivery or within 301 days after the legal separation F. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence 5. or any act. discredit or contempt of the person defamed.83 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Notes: 1. intimidation or fraud E. the requirement of the law were not complied with. A widow who within 301 days from death of husband. or b. condition. If not named it must be shown that the description of 83 . or one who is dead. Libel is a public and malicious imputation of a crime. 3. That there must be an imputation of a crime. A simulated marriage is not marriage at all and can be used as a defense for bigamy 3. (b) malice in fact 3. That the imputation must be made publicly. Person libeled must be identified. The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party 2. Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence. One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice D. That the imputation must tend to cause the dishonor. Kinds of malice: (a) malice in law. But the publication need not refer by name to the libeled party. A woman whose marriage having been dissolved or annulled. or circumstances. 2. condition. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352) Act punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities TITLE THIRTEEN CRIMES AGAINST HONOR A. or of a vice or defect. or a vice or defect. ELEMENTS OF LIBEL DEFAMATION: (353) 1.

or are sufficient to impeach their honesty. that it is made without any comments or remarks Santos v CA HELD: No malice. or of a statement. that the person who made the communication had a legal. In this case. moral or social duty to make the communication or at least he had an interest to be upheld 2. C. that it is made in good faith 3. B. virtue or reputation. report. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3rd persons. Plaintiffs are associations of sugarcane planters. if no good intention and justifiable motive for making it is shown Exception: a. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses. REQUIREMENT OF PUBLICITY: (354) Kinds of privileged communication a. the specific victim must be identifiable. that the statements in the communication are made in good faith without malice in fact b. or to hole the person up to public ridicule(US v O’Connel) 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. made in good faith. or speech delivered in said proceedings. Defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for victim to be identifiable. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355) 84 . 6. moral or social duty Requisites 1. legislative. 7. There are as many crimes as there are persons defamed. that the communication is addressed to an officer or a board. each of the plaintiffs has a separate and distinct reputation in the community.84 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the plaintiff. or superior. private communication in performance of legal. Absolutely privileged – not actionable even if the actor has acted in bad faith b. To maintain a libel suit.(P v Encarnacion) Libel -false accusation need not be made under oath Perjury -false accusation is made under oath Newsweek v IAC Newsweek portrayed the island province of Negros Occidental as a place dominated by big landowners. fair and true report. HELD: Dismissed. Qualifiedly privileged – those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true. he simply furnished the readers with the info that a complaint has been filed against the brokerage firm and reproduced the pleading verbatim with no embellishments. that the publication of a report of an official proceeding is a fair and true report of a judicial. without any comments and remarks Requisites 1. having some interest or duty on the matter 3. or other official proceedings which are not of confidential nature. or of any other act performed by a public officer 2. An action for libel allegedly directed against a group of sugar planters cannot be done by resort to filing a class suit as each victim has his specific reputation to protect.

Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification. b. F. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt. The acts of slapping and boxing the woman. That the offender is a reporter. Note: Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Guilty of slander by deed. in the presence of many people has put her to dishonor. Seriousness depends on the social standing of offended party. That the offender performs any act not included in any other crime against honor. That such act casts dishonor. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION: (356) Note: Clearly. That such facts are offensive to the honor. The crowd laughed. engraving. painting. He wrote to the BOD and to Marquez. the occasion. lithography. Distinctions: a. Granting that the letter was privileged communication. virtue and reputation of said person. Notes: a. radio phonograph. c. contempt and ridicule. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC on rape i. oral defamation is committed (P v Salleque) ELEMENTS OF SLANDER BY DEED: (359) 1.deprivation of reason or rendering the offended unconscious 85 . P v Motita Accused held a mirror between the legs of complainant to reflect her private parts. HELD: Letter is not privileged communication. daily or magazine. That he publishes facts connected with the private life of another. a teacher. action of a serious and insulting nature (Grave slander) 2. (P v Costa) c. 2. 2. Lacsa v IAC Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. E. the circumstances surrounding the act. discredit or contempt upon the offended party. 3. That such act is performed in the presence of other person or persons. 3. printing. b. To be classified as such it must be free from malice. just a case of blackmail-any unlawful extortion of money by threats of accusation and exposure -possible in light threats Art 283 and in threat to publish Art 356. theatrical or cinematographic exhibitions or any similar means D. etc. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358) 1. written out of a duty of an officer towards the members. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS: (357) 1. He caused to publish the second letter. use of force or intimidation ii. light insult or defamation – not serious in nature (simple slander) Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Notes: Words uttered in the heat of anger constitute light oral defamation (P v Doronilla) If the utterances were made publicly and were heard by many people and the accused at the same time levelled his finger at the complainant. such character was lost when it was published.85 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Note: Enumerates the means by which libel may be committed: writing. editor or manager of a newspaper.

2) d.RTC of province/city where he actually resides at the time of the crime . it was published with good motives and for a justifiable end (for situation 1 only) Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay. Otherwise .g. and acts of lasciviousness) Soriano v IAC The Philippines follows the multiple publication rule which means that every time the same written matter is communicated. rumors. exhibits or causes the publication or exhibition of any defamation in writing or similar means(par. such communication is considered a distinct and separate publication of libel.where article was printed or 1st published Note: Offended party must file complaint for defamation imputing a crime which cannot be prosecuted de oficio (e. ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363) 86 .86 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 offended party under 12 yrs of age+lewd designs PERSONS RESPONSIBLE FOR LIBEL (360) 1) Who are liable a. abduction.where the article is 1st published 4) Where one of the offended parties is a private individual: . 354) if made with malice in fact will not exempt the author and editor. *This article is a limitation to the defense of privileged communication. editor or business manager of a daily newspaper magazine or serial publication(par. the offended party is a government employee. where the libelous article is printed and 1st published OR b. if his office is in the City of Manila . it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above) b. author or editor of a book or pamphlet c. It must rest upon positive direct evidence. owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz) 2) Venue of criminal and civil action for damages in cases of written defamation: a. seduction. concubinage. person who publishes. upon which a definite finding may be made by the court (US v Sotto) LIBELOUS REMARKS (362) Libelous remarks or comments on privileged matters (under Art. PROOF OF THE TRUTH (361) Admissible when: a. adultery. even if the act or omission imputed does not constitute a crime provided it is related to the discharge of his official duties Requisites for Acquittal: a.city/province where the article is printed and 1st published b.RTC of Manila OR . the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer b.1) b. rape. or suspicion. where any of the offended parties actually resides at the time of the commission of the offense 3) Where one of the offended parties is a public officer: a.RTC of the city/province where he held office at the time of offense OR .

degree of intelligence. Peace officer is exempt if acts done under lawful order of the court. and c. wire record. making a statement which is c i. intercept. disc record. That the offender does or fails to do an act. 2. The extension phone was not installed for such purpose. That material damage results. or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or walkie talkie or tape recorder 2) any person. That the offender performs an act. to secretly overhear. Committed by saying to others an unattributable thing.87 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. b. There must be either a physical interruption through the wiretap or the deliberate installation of a device or arrangement in order to overhear. taking into consideration a. to any other person Notes: a. 5. That such act does not constitute perjury. ELEMENTS OF RECKLESS IMPRUDENCE: (365) 1. planting evidence Note: article is limited to planting evidence and the like INTRIGUING AGAINST HONOR (364) How committed: -by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person Notes: a. if said to the person himself it is slander. That it be without malice. whether or not a participant in the above-mentioned acts: a) knowingly possesses any tape record. or any other such record or copies thereof of any communication or spoken word b) replays the same for any other person c)communicates the contents thereof. You can only use the recording for the case for which it was validly requested. That the doing of or the failure to do that act is voluntary. 4. defamatory or ii. perjurious (if made under oath and is false) b. physical condition. 3. his employment or occupation b. Two Kinds: a. ELEMENTS OF SIMPLE IMPRUDENCE: (365) 87 . intercept or record the spoken words. That there is inexcusable lack of precaution on the part of the offender. RA4200 The Anti-WireTapping Act Acts punished: 1) any person. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. b. 2. c. That by such act he directly incriminates or imputes to an innocent person the commission of a crime. Information obtained in violation of the Act is inadmissible in evidence in any hearing or investigation. not authorized by all the parties to any private communication or spoken word a) taps any wire of cable OR b) uses any other device or arrangement. Gaanan v IAC An extension phone is not one of those prohibited under RA 4200. other circumstances regarding persons. time and place. whether complete or partial. 3.

HELD: Guilty of simple negligence resulting to homicide. if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. Notes: 1) Art. What is punished is not the effect of the negligence but the recklessness of the accused. 88 . 4) Contributory negligence—not a defense. is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice. by the negligence of another. Carillo was the anesthesiologist. That there is lack of precaution on the part of the offender. 2. 2) Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. by the exercise of reasonable care and prudence. That the damage impending to be caused in not immediate or the danger is not clearly manifest.88 CRIMINAL LAW (BOOK 2) REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. to inform the parents of the child’s true condition. only mitigating Last clear chance doctrineThe contributory negligence of the injured party will no t defeat the action if it be shown that the accused might. he and his co-accused failed to monitor and provide close patient care. to prove that they exercised necessary and appropriate degree of care and diligence to prevent the condition. P v Cano Negligence is a quasi-offense. 3) Abandoning usually punishable under Art 275.64 on mitigating and aggravating circumstances not applicable. Buearano v CA Conviction of the accused in the charge of slight and less serious physical injuries through reckless imprudence constitutes double jeopardy to the charge of the crime of damage to property through reckless imprudence. who. P v Carillo 13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a heart attack that caused brain damage. have avoided the consequences of the negligence of the injured party Emergency ruleAn automobile driver.

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